The State of Bihar Vs Kumar Vaibhav Vikash

Kumar Vaibhav Vikash, Son of Sri Madan Mohan Prasad, Resident of Mohalla- South of Pancham Bhawan, Tara Nagar, Madhubani, P.S.- K. Hat, District- Purnea.

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... ... Respondent/s

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with Letters Patent Appeal No. 103 of 2025 In

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Civil Writ Jurisdiction Case No.6471 of 2024

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The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

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The Collector, Purnea.

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The Additional Collector, Purnea.

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The Deputy Collector Land Reforms, Sadar, Purnea.

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The Circle Officer, Purnea East, Purnea.

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Bhagirath Prajapati, the Revenue Karamchari of Revenue Halka Nagar Nigam, A/1, Circle Office, Purnea East, Purnea, P.S. - K. Hat, District - Purnea.

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... ... Appellant/s

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Versus

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Kumar Vaibhav Vikash Son of Shri Madan Mohan Prasad Resident of Mohalla- South of Pancham Bhawan, Tara Nagar, Madhubani, P.S- K. Hat, District- Purnea.

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... ... Respondent/s

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with

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Patna High Court L.P.A No.98 of 2025 dt.19-02-2025 2/6

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Letters Patent Appeal No. 104 of 2025 In

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Civil Writ Jurisdiction Case No.6377 of 2024

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The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

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The Collector, Purnea.

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The Additional Collector, Purnea.

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The Deputy Collector Land Reforms, Sadar, Purnea.

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The Circle Officer, Purnea East, Purnea.

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Bhagirath Prajapati, the Revenue Karamchari of Revenue Halka Nagar Nigam, A/1, Circle Office, Purnea East, Purnea, P.S. - K. Hat, District - Purnea.

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... ... Appellant/s

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Versus

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Kumar Vaibhav Vikash Son of Sri Madan Mohan Prasad resident of Mohalla - South of Pancham Bhawan, Tara Nagar, Madhubani, P.S. - K. Hat, DistrictPurnea.

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... ... Respondent/s

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======================================================

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with Letters Patent Appeal No. 105 of 2025 In

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Civil Writ Jurisdiction Case No.6350 of 2024

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The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.

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The Collector, Purnea.

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The Additional Collector, Purnea.

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The Deputy Collector Land Reforms, Sadar, Purnea.

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The Circle Officer, Purnea East, Purnea.

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Bhagirath Prajapati, the Revenue Karamchari of Revenue Halka Nagar Nigam, A/1, Circle Office, Purnea East, Purnea, P.S. - K. Hat, District - Purnea.

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... ... Appellant/s

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Versus

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Kumar Vaibhav Vikash Sri Madan Mohan Prasad Resident of Mohalla- South of Pancham Bhawan, Tara Nagar, Madhubani, P.S- K. Hat, District- Purnea.

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... ... Respondent/s

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Appearance :

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(In Letters Patent Appeal No. 98 of 2025) For the Appellant/s : Mr. P.K. Shahi, AG Mr. Vivekanand Prasad (GP-7)

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Patna High Court L.P.A No.98 of 2025 dt.19-02-2025 3/6

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Ms.Roona (AC to GP -7) Mr. Sanjay Kumar, Adv. For the Respondent/s : Mr.Amit Kumar Anand, Adv. (In Letters Patent Appeal No. 103 of 2025) For the Appellant/s : Mr. P.K. Shahi, AG Mr. Vivekanand Prasad (GP-7) Ms.Roona (AC to GP -7) Mr. Sanjay Kumar, Adv. For the Respondent/s : Mr.Amit Kumar Anand, Adv. (In Letters Patent Appeal No. 104 of 2025) For the Appellant/s : Mr. P.K. Shahi, AG Mr. Vivekanand Prasad (GP-7) Ms.Roona (AC to GP -7) Mr. Sanjay Kumar, Adv. For the Respondent/s : Mr.Amit Kumar Anand, Adv. (In Letters Patent Appeal No. 105 of 2025) For the Appellant/s : Mr. P.K. Shahi, AG Mr. Vivekanand Prasad (GP-7) Ms.Roona (AC to GP -7) Mr. Sanjay Kumar, Adv. For the Respondent/s : Mr.Amit Kumar Anand, Adv. ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE)

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Date : 19-02-2025

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The defects pointed out by the Stamp Reporter in LPA Nos. 103 of 2025 and 105 of 2025 are hereby

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ignored.

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All the four appeals have been taken up together and are being disposed off by this common judgment.

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Separate Interlocutory Applications filed in all

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the four appeals for condoning the delay in preferring the appeals are condoned for the reasons stated in those

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Patna High Court L.P.A No.98 of 2025 dt.19-02-2025 4/6

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applications.

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Interlocutory Application Nos. 1/2025 in all the

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four appeals stand disposed of.

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LPA Nos. 98, 103, 104 and 105 of 2025

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The substance of the matter is that certain

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parcels of land were purchased by the respondents by registered sale deeds which they wanted to get mutated in their respective names, which attempt failed because the Circle Officer, Purnea East, Purnea refused to mutate their names.

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The order passed by the Circle Officer was challenged before the DCLR, Sadar, Purnea in appeal.

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The order of the Circle Officer was set aside. Despite that, it was urged on behalf of the respondents, the land was not mutated in their respective names and as such they had to approach the Public Grievance Redressal Cell and obtain certain directions.

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A direction also appears to have been issued by

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the Divisional Commissioner for taking definite decision in the matter with respect to mutation of the names of the

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Patna High Court L.P.A No.98 of 2025 dt.19-02-2025

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5/6

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respondents.

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Based on these facts, the learned Single Judge

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allowed the writ petitions filed by the

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petitioners/respondents and directed the Circle Officer to mutate the names of the petitioners / respondents in the Govt. records and a timeline also was fixed for the same.

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Challenging such orders passed by the learned Single Judge in the four writ petitions, the State has urged that the lands in question was found to be surplus in the ceiling proceedings against the holdings of one P.C. Sarkar.

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The aforesaid land was acquired by two notifications of the Govt.

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The lands in question in all these appeals fall in the acquired lands by the State. After the acquisition, the lands were distributed to parcha holders, the names of whom have been provided in the memo of appeal.

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It appears that the learned Single Judge failed to notice this aspect of the matter, even though in the counter affidavit filed by the Circle Officer, Purnea East,

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Patna High Court L.P.A No.98 of 2025 dt.19-02-2025 6/6

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Purnea in one of writ petitions, the factual situation was

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explained.

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The learned counsel for the respondents is not in a position to dispute the aforenoted fact.

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Considering this aspect of the matter, we set aside the impugned orders in all the four writ petitions and sustain the order of Circle Officer, Purnea East, Purnea.

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All the appeals stand allowed.

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(Ashutosh Kumar, ACJ)

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( Partha Sarthy, J)

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sunilkumar/-

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AFR/NAFR	NAFR
CAV DATE	N/A
Uploading Date	20.02.2025
Transmission Date	N/A

The State of Bihar v. Kumar Vaibhav Vikash

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The State of Bihar v. Kumar Vaibhav Vikash

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