Rajiv Kumar Agrawal Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Rajiv Kumar Agrawal Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief; the writ application was disposed of with a direction to the petitioner to pursue the alternative remedy under Section 8 of the Bihar Land Mutation Act, 2011 — to be invoked within four weeks, with disposal of the claim by the revisional authority within six weeks thereafter.

Issue for consideration

Whether the writ petition seeking quashing of the mutation order dated 21.06.2024 (Revenue Officer, Sadar Anchal, Begusarai) and the DCLR appellate order dated 12.12.24 refusing to set it aside should be entertained, notwithstanding the alternative remedy available under Section 8 of the Bihar Land Mutation Act, 2011.

Court's answer

An alternative remedy is available to the petitioner under Section 8 of the Bihar Land Mutation Act, 2011, and the petitioner may take recourse of that statutory remedy instead of the writ petition.

Ratio / Principle

If the petitioner takes recourse of the alternative remedy within four weeks, the revisional authority shall dispose of the petitioner's claim within six weeks.

Detailed headnote1 paragraphs

Alternative remedy – Section 8, Bihar Land Mutation Act, 2011 – Writ petition (certiorari) seeking setting aside of order dated 12.12.24 of the DCLR, Begusarai in Dhakhil Kharij Appeal no. 125/202425, whereby the mutation order dated 21.06.2024 of the Revenue Officer, Sadar Anchal, Begusarai (Dhakhil Kharij case no. 9544/2023-24) mutating 41 decimals of khata no. 70, Khesra No. 38, mouza Panchambha in favour of respondent no. 7 on the strength of sale deed 1094 dated 5.02.2024 executed by respondent no. 6 (land stated to be already subject matter of T.S 188/1997 and Civ. Misc. 349/2020 restraining orders) was left undisturbed, stands disposed of on the ground of the statutory alternative remedy under Section 8; petitioner directed to invoke the remedy within four weeks, with an undertaking that the revisional authority will dispose of the claim within six weeks. (Nawneet Kumar Pandey, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3837 of 2025

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Rajiv Kumar Agrawal Son of Late Arvind Kumar Agrawal Resident of Mohalla- Murliaganj, P.S.-Town, P.O. and District- Begusarai.

... ... Petitioner/s

Versus

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

The Collector, Begusarai.

The Deputy Collector Land Reforms, Begusarai.

The Circle Officer, Sadar, Begusarai.

The Revenue Officer, Sadar Anchal Begusarai, District- Begusarai.

Dr. Sanjiv Kumar, S/o Late Arvind Kumar Agrawal Resident of MohallaMurliaganj, P.S.- Town, P.O. and District- Begusarai.

Jayjayram Kumar, S/o Sri Kant Singh Resident of Village- Madhurapur, P.S.- Teghra, District- Begusarai ... ... Respondent/s

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

Appearance :

For the Petitioner/s : Mr.Amarendra Narayan For the Respondent/s : Mr. U.S.S. Singh, GP-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

2 18-03-2025 Heard the parties.

The writ petition has been filed by the petitioner for

following reliefs:-

“For issuance of writ of certiorari or writ of any appropriate nature, order or direction setting aside order dated 12.12.24 passed by the Deputy Collector Land Reform (DCLR) Begusarai (the respdt no. -3) in Dhakhil Kharij Appeal no. 125/202425 (Rajiv Kumar Agrawal vs. the Circle Officer & ors) refusing to set aside mutation order dt. 21.06.2024 passed by Revenue Officer Sadar Anchal Begusarai in Dhakhil Kharij

Patna High Court CWJC No.3837 of 2025(2) dt.18-03-2025

2/2

case no. 9544/2023-24.

(ii) The petitioner also prays for an order setting aside mutation order 21.06.2024 passed in Dhakhil Kharij case no. 9544 /2023-24 Sadar Achal Begusarai under which 41 decimal land of khata no. 70 Khesra No. 38 of mouza Panchambha despite it being subject matter of T.S 188/1997 and under restraining orders of Civ. Misc. 349/2020 passed by this Hon'ble Court have been mutated in the name of respdt no. 7 on the basis of sale deed 1094 dt. 5.02.2024 executed by respondent no. 6.”

The alternative remedy is available to the petitioner under the Provisions of Section 8 of Bihar land Mutation Act, 2011.

The petitioner may take the recourse of alternative remedy provided under the Statute. If the petitioner takes recourse of the alternative remedy within a period of four weeks, the revisional authority shall dispose of the petitioners’ claim within a period of six weeks.

With the observations aforesaid, the writ application stands disposed of.

(Nawneet Kumar Pandey, J)

Nirmal/- U