Petitioner filed writ for issuance of mandamus to expedite mutation revision case pending with Additional Collector. Court held case not maintainable as statutory authority is seised and directed revival of revision case with reasoned decision.
Directive to Additional Collector to revive Revision Case No.117 of 2016 and pass reasoned order within 30 days.
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.10378 of 2019
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Badri Ram Son of Late Banarsi Ram R/o Village-Puraini Bazar, Ward No. 7, Block and Anchal and P.S.-Puraini, District-Madhepura
... ... Petitioner/s
Versus
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Shekhar Kumar Singh For the Respondent/s : Mr.Rishi Raj Sinha (Sc19)
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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 07-08-2025
Heard learned counsel for the petitioner and
learned counsel for the State.
the following reliefs:-
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(i) For issuance of writ/Writs, Order/Orders, Direction/Directions in the nature of Mandamus commanding the Respondents particular the Respondent No. 4, so that to immediately disposed of the Mutation Revision Case No.117/2016 filed by the petitioner against the order impugned dated 25.10.2016 passed in Mutation Appeal No. 16/2014-15 Whereby and where under the D.C.L.R. Uda- Kishunganj, District- Madhepura has exercise the power in mutation appeal case No. 116/22014-15 filed by Sikandar Sharma & others (Respondents No. 7 to 13) in which allowed the mutation appeal and set aside the order dated 28.1.2016 passed by the Circle Officer, Puraini in mutation case No. 964/2005-06.
(ii) For further quashing the order impugned dated 25.10.2016 passed by the D.C.L.R. Uda- Kishunganj District- Madhepura in mutation appeal case No. 16/2014-15 filed by the private respondents no. 7 to 13 whereby and where under allowed the mutation appeal and also set aside the order dated 28.1.2006 passed in mutation case No. 964/2005-06 passed by the Circle Officer, Puraini, Distrrict- Madhepura in which the land was mutated in the name of the petitioner, but the Learned D.C.L.R. has exercise the power and set aside the aforesaid order dated 28.01.2006.
(iii) For further prayed during the
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pendency of the writ petition may kindly stay the order impugned dated 25.10.2016 passed in mutation appeal case No. 16/2014-15.
objection and submits that in the light of the submissions made by the respondent in the counter-affidavit, the present writ petition has become infructuous. He further submits that the specific stand has been taken that the mutation revision was pending before the Addl. Collector, Madhepura and both parties intimated to the Court of Addl. Collector, Madhepura that CWJC No.10378 of 2019 is pending before the Hon’ble Court and they have prayed to drop the revision case as the matter is under adjudication before the Hon’ble High Court so it was dropped.
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decided before the Additional Collector/Collector. These forums are statutory forum who has to pass order under law. After taking decision by the Revisional Authority, matter has to be decided before the Bihar Land Tribunal and then only it has to come before the Hon’ble High Court.
(Dr. Anshuman, J.)
Prakashmani/-
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2 issues framed by the court
Whether the writ application is maintainable when the mutation revision case is pending/ dropped before the statutory authority?
Whether the Additional Collector is directed to revive the pending mutation revision case?
Badri Ram
The State of Bihar through the Principal Secretary, Land Reform Department
The Divisional Commissioner Koshi Division
The District Magistrate cum Collector Saharsa
The Additional Collector Madhepura
Sikander Sharma & others
Anshuman Oral
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
