Disposed¶25

Parwati Devi v. The State of Bihar

Patna HC8 Apr 2025CWJC/4037/2025

Case brief

AI extract

What is this about?

Patna High Court; Civil Writ Jurisdiction Case (CWJC) No.4037 of 2025; Parwati Devi v. The State of Bihar through District Magistrate Nalanda and others; jamabandi/mutation cancellation; Mutation Cancellation Case No.32 of 2020; A.D.M. cancellation order dated 22.10.2022 without notice; Mutation Cancellation Appeal No.25 of 2023 pending before Collector, Nalanda; writ disposed with three-month time-bound decision directive to District Magistrate, Nalanda with hearing to petitioner; Justice Satyavrat Verma; decided 08-04-2025.

What did the court decide?

Time-bound decision of Mutation Cancellation Appeal No.25 of 2023 by the District Magistrate, Nalanda within three months of receipt/production of a copy of the order, in accordance with law, after giving the petitioner an opportunity of hearing. ¶25

Parwati Devi Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a direction should issue upon the Collector, Nalanda to decide the pending Mutation Cancellation Appeal No.25 of 2023 within a time frame.

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Court's answer

The writ application is disposed of with a direction to the District Magistrate, Nalanda to consider and decide Mutation Cancellation Appeal No.25 of 2023 filed by the petitioner within a period of three months from the date of receipt/production of a copy of the order, in accordance with law, after giving an opportunity of hearing to the petitioner.

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Detailed headnote1 paragraphs

Parwati Devi v. The State of Bihar (High Court of Judicature at Patna, Civil Writ Jurisdiction Case No.4037 of 2025, oral order dated 08-04-2025, Satyavrat Verma, J): The petitioner claimed land under registered sale deed no.10293 dated 08.12.2006 from Purusottam Narayan Singh (Khata No.170, Khesra No.595, area 28.25 decimal; Khata No.238, Khesra No.617, area 12.25 decimal), whose father had bought the same land vide registered sale deed 18.07.1938. A permitted mutation led to creation of Jamabandi No.550/2003-2004 in her favour, which the A.D.M., Nalanda cancelled in Mutation Cancellation Case No.32 of 2020 by order dated 22.10.2022, allegedly without serving notice on her. Her appeal (Mutation Cancellation Appeal No.25 of 2023, filed before the Collector on 08.06.2023) remained pending. Disposing of the writ, the Court directed the District Magistrate, Nalanda to consider and decide the appeal within three months of receipt/production of a copy of the order, in accordance with law, after giving the petitioner an opportunity of hearing. State counsel did not dispute the petitioner's submissions. No statute or precedent is discussed in the judgment.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.4037 of 2025

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Parwati Devi, W/o Rajnandan Singh @ Rajanandan Chauhan, resident of village - Rajopur, P.O. and P.S. Bind, District - Nalanda.

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... ... Petitioner/s

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Versus

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The State of Bihar through the District Magistrate Nalanda.

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The District Magistrate, Nalanda.

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The Additional District Magistrate, Nalanda.

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The D.C.L.R. Bihar Sharif, Nalanda.

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The Circle Officer Bind, District Nalanda.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr. Pankaj Kumar- Advocate For the Respondent/s : Mr. Government Pleader (27) Mr. AC to GP-27 ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 08-04-2025

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Heard learned counsel for the petitioner and

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learned AC to GP-27 for the State.

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The learned counsel for the petitioner submits that petitioner had purchased a piece of land vide registered sale deed no.10293 dated 08.12.2006 from Purusottam Narayan Singh appertaining to Khata No.170, Khesra No.595, area 28.25 decimal and Khata No.238, Khesra No.617, area 12.25 decimal.

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It is further submitted that father of Purusottam Narayan Singh had purchased the said land vide registered sale deed 18.07.1938 from one Babu Hrit Ballabh Bihari Singh son of Ram Pratap Singh. It is submitted that after purchasing the

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Patna High Court CWJC No.4037 of 2025(2) dt.08-04-2025 2/3

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land, the petitioner filed a mutation case for getting the purchased land mutated in his name and the same was allowed and accordingly, Jamabandi No.550/2003-2004 was created in favour of the petitioner. It is submitted that all of a sudden, the petitioner came to know that the Jamabandi created in his favour stands cancelled by the A.D.M. in Mutation Cancellation Case No.32 of 2020. It is further submitted that petitioner was not served with any notice in Mutation Cancellation Case No.32 of 2020 and as such, the Jamabandi standing in the name of the petitioner came to be cancelled by the A.D.M. by an order dated 22.10.2022 passed behind his back. It is submitted that petitioner against the order dated 22.10.2022 in Mutation Cancellation Case No.32 of 2020 has filed an appeal before the Collector by filing Mutation Cancellation Appeal No.25 of 2023 on 08.06.2023 and the same till date is pending adjudication, as such, the instant writ application has been filed seeking a direction upon the Collector, Nalanda to decide the Mutation Cancellation Appeal No.25 of 2023 within a time frame.

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The learned counsel appearing on behalf of the State does not dispute the fair submission made by the learned counsel appearing on behalf of the petitioner.

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After hearing the learned counsel for the parties,

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Patna High Court CWJC No.4037 of 2025(2) dt.08-04-2025 3/3

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the writ application is disposed of with a direction to the District Magistrate, Nalanda to consider and decide the Mutation Cancellation Appeal No.25 of 2023 filed by the petitioner within a period of three months from the date of receipt/production of a copy of this order in accordance with law after giving an opportunity of hearing to the petitioner.

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(Satyavrat Verma, J)

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vikash/-

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Parwati Devi v. The State of Bihar

Case brief

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Parwati Devi v. The State of Bihar

Case brief

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