Petitioner sought writ of mandamus for mutation of land and accountability for delays. Court informed that land was mutated in petitioner's favour, grievance redressed, petition disposed of, and Circle Officer cautioned.
Writ petition disposed of as grievance redressed; Circle Officer cautioned against delay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3561 of 2024
======================================================
Kanti Devi Wife of Ram Iqbal Singh, Resident of Madhuban Colony, Road No.- 6, New Jaganpura, P.O. - New Jaganpura, P.S. - Ramkrishna Nagar, District - Patna.
... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Jitender Kumar, Advocate For the Respondent/s : Mr. Birju Prasad, G.P.-13 Mr. Ajit Anand, Advocate Mrs. Sweta Anand, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER
2 24-06-2024 Heard the parties.
2. The present petition has been preferred for the
following relief(s):
(i) for issuance of a writ of mandamus or any other appropriate writ/ writs, order/ orders, direction/ directions commanding the concerned respondents to pass a speaking order in compliance of order dated 27.10.2023 of the Deputy Collector Land Reforms, Patna Sadar, passed in Mutation Appeal Case no.- 385/2023-24, regarding the land pertaining Khata No.- 87, Plot No.- 636, Rakba.- 0.7812 Decimal, Mauja - Jaganpura, Thana- 26, wherein the learned court
Patna High Court CWJC No.3561 of 2024(2) dt.24-06-2024 2/3
has been pleased to set-aside the order dated 21.08.2023, of the Circle Officer, Patna Sadar, passed in Mutation Case no,- 20196/2022-23 stating the said order as incomplete and vague and ordered to pass an appropriate and speaking order under Bihar Land Mutation Act, 2011 after proper ground investigation, which is till date is not complied by the concerned authorities, in spite of the fact that the petitioner purchased the said land according to the statutory provisions of law;
(ii) for issuance of a writ of mandamus or any other appropriate writ/ writs, order/ orders, direction/ directions commanding the concerned respondents to pass an appropriate order of mutation of the said land in favour of the petitioner after properly examine the matter and in view of the said order dated 27.10.2023 of the Deputy Collector Land Reforms, Patna Sadar, passed in Mutation Appeal Case no. 385/2023-24, considering the fact that the vendor namely Vishwanat Thakur and Ramnath Thakur from whom the petitioner brought the said land is the Jamabandi Raiyat conferred undisputed title and possession over the land in question and through registered sale deed no.-781 dated.- 28.01.2023 the Vendor transferred all their rights & possession to the petitioner;
(iii) for issuance of a writ of mandamus or any other appropriate writ/ writs, order/ orders, direction/directions for fixing appropriate and adequate accountability on the guilty respondents/ authority/ officials due to whom till date neither appropriate and speaking order under Bihar Land Mutation Act, 2011 after proper ground investigation was passed nor the mutation is being issued in favour of the petitioner and for which the petitioner in a very illegal way has been put under actual apprehension of the deprivation of her constitutional right to property and for the said
Patna High Court CWJC No.3561 of 2024(2) dt.24-06-2024 3/3
reason she is under extreme suffering.
3. It has been informed by the learned counsel for the petitioner that as per the information brought to him, the Circle Officer, Phulwari Sharif has mutated the land in his favour.
4. Learned State Counsel also endorses to it.
5. Though the grievance of the petitioner has been redressed, it is unfortunate that he had to move before this Court for the compliance of the order of the D.C.L.R. Patna.
6. The Circle Officer, Phulwarisharif is cautioned to refrain from delaying disposal of cases thus defying the order of the Deputy Collector Land Reforms, Patna.
7. The writ petition stands disposed of.
(Rajiv Roy, J)
Jagdish/-
U
2 issues framed by the court
Whether the respondents complied with the order dated 27.10.2023 of the Deputy Collector Land Reforms regarding mutation of land.
Whether the petitioner is entitled to conversion of the land in her favour based on statutory provisions and registration of sale deed.
2 provisions across 2 enactments
Kanti Devi
The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Govt. of Bihar, Patna
The Divisional Commissioner, Patna
The Collector, Patna
The Additional Collector, Patna
The Deputy Collector Land Reforms, Patna Sadar
RAJIV ROY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
