Disposed¶29

Anil Kumar v. The State of Bihar

Patna HC18 Nov 2025CWJC/14049/2021

Case brief

AI extract

What is this about?

Separate rent receipts; separation of demand; mutation case pending since 2019-2020; Circle Officer Mohra Block Gaya sitting tight/gross negligence; Collector Gaya directed to supervise completion within four weeks; family partition during father's lifetime; shares of Anil Kumar, Raj Kumar, Sunil Kumar, Niraj Kumar, Dhiraj Kumar; Article 226 writ; CWJC No.14049 of 2021; antecedent direction dated 22.10.2016 in CWJC No. 20775 of 2014; M.J.C. liberty on default; disposed 18-11-2025; Patna High Court; Justice Shailendra Singh.

What did the court decide?

Writ petition disposed of with a direction to the Collector, Gaya to look into the matter and ensure completion of Mutation Case No. 663 R27/2019-2020 within four weeks of receipt/production of the order's copy, failing which the petitioner may file an M.J.C. before this Court. ¶29

Anil Kumar Vs The State of Bihar — Writ and Judicial Review | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Despite this Court's direction dated 22.10.2016 in CWJC No. 20775 of 2014, the Circle Officer has not decided Mutation Case No. 663 R27/2019-2020 (pending since 2019-2020), so the petitioner and other shareholders cannot obtain separate rent receipts for land subject to the family partition effected during their father's lifetime.

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Court's answer

Considering the gross negligence of the Circle Officer, Mohra Block, Gaya in sitting tight over Mutation Case No. 663 R27/2019-2020, the Collector, Gaya is directed to look into the matter and ensure its completion within four weeks from the date of receipt or production of the copy of this order.

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Ratio / Principle

If the Mutation Case is not completed within four weeks as directed, the petitioner will have liberty to file an M.J.C. before this Court.

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Detailed headnote1 paragraphs

Patna High Court (Shailendra Singh, J) — Civil Writ Jurisdiction Case No.14049 of 2021, decided 18-11-2025 (oral order). Filed under Article 226 of the Constitution of India by Anil Kumar seeking directions to separate demands and issue separate rent receipts to himself and Respondent Nos. 4-7 (Raj Kumar, Sunil Kumar, Niraj Kumar, Dhiraj Kumar) per shares mutually partitioned during their father's lifetime. Noting that Mutation Case No. 663 R27/2019-2020, registered about three years after this Court's direction dated 22.10.2016 in CWJC No. 20775 of 2014, remained undecided by the Circle Officer, Mohra Block, Gaya since 2019-2020 — showing gross negligence — the Court directed the Collector, Gaya to look into the matter and ensure completion of the mutation case within four weeks of receipt or production of the order's copy, failing which the petitioner would have liberty to file an M.J.C. Writ petition disposed of accordingly.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14049 of 2021

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

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Anil Kumar Son of Late Rameshwar Singh, Resident of Village and Post Office - Kajur, Police Station - Atari, District - Gaya, at present Bihar Bidhan Parishad, P.S. - Sachivalay, District - Patna.

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... ... Petitioner/s

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Versus

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

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The Collector, Gaya.

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The Circle Officer, Mohra Block, Gaya.

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Raj Kumar, Son of Rameshwar Singh, Resident of Village and Post Office - Kajur, Police Station - Atari, District - Gaya.

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Sunil Kumar, Son of Rameshwar Singh, Resident of Village and Post Office - Kajur, Police Station - Atari, District - Gaya.

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Niraj Kumar, Son of Late Satish Singh, Resident of Village and Post Office - Kajur, Police Station - Atari, District - Gaya.

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Dhiraj Kumar, Son of Late Satish Singh, Resident of Village and Post Office - Kajur, Police Station - Atari, District - Gaya.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Respondent/s : Mr. Md. Khurshid Alam (AAG-12) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

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3 18-11-2025

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The instant writ application has been filed under

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Article 226 of the Constitution of India by the petitioner seeking the following relief(s):

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" (i) For issuance of appropriate order/orders, direction/directions commanding the Respondent No.3 to separate the demand of the petitioner his brother and heirs of any of his brother and issue separate rent receipts to all taking in view that the petitioner has already made application for the same and is continuously persuading but till date his genuine grievances have not been considered.

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Patna High Court CWJC No.14049 of 2021(3) dt.18-11-2025 2/3

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(ii) For issuance of appropriate writ/writs, order/orders, direction/ directions commanding the respondents concerned to issue separate rent receipts to the petitioner and Respondent No.4 to 7 as per their respective shares mutually partitioned during the life time of the father of the petitioner.

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(iii) For issuance of appropriate order/orders, direction/directions commanding the respondents concerned to issue separate rent receipts to the petitioner, his brother and heirs of one of his brother taking into account that since long all of them are living separately and having possession of their respective shares mutually partitioned during life time of the father of the petitioner.

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(iv) For any other relief/reliefs for which the petitioner is entitled under law..

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2. Mr. Sanjay Kumar, learned counsel appearing for the petitioner and Mr. Md. Khurshid Alam, learned counsel appearing for the State-respondents are present and they are heard.

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3. The main issue raised by the petitioner in this writ petition is that despite a specific direction dated 22.10.2016 in CWJC No. 20775 of 2014 given by this court, the Mutation Case No. 663 R27/2019-2020, though, the same was registered after several years of this court's order dated 22.10.2016 passed in CWJC No. 20775 of 2014 is not being decided by the Circle Officer since 2019-2020 and consequently, the petitioner and other shareholders are unable to get their separate rent receipts

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Patna High Court CWJC No.14049 of 2021(3) dt.18-11-2025 3/3

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in respect of the land which remained the subject matter of the family partition.

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4. It is very surprising that the Circle Officer, Mohra Block, Gaya is sitting tight over Mutation Case No. 663 R27/2019-2020 and the same was registered about three years after the order dated 22.10.2016 passed in CWJC No. 20775 of 2014 and even then the Circle Officer has not taken any step to decide the matter which shows gross negligence on his part, so, considering this aspect, Collector, Gaya, is directed to look into the matter and ensure the completion of the Mutation Case No. 663 R27/2019-2020 within four weeks from the date of receipt or production of this order's copy, failing which the petitioner will have a liberty to file M.J.C. before this court.

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5. Accordingly, the instant writ petition stands disposed of.

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(Shailendra Singh, J)

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Rajiv/-

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Anil Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Anil Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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