Disposed¶33

Birendra Kumar v. The State of Bihar

Patna HC30 Jun 2026CWJC/451/2026

Case brief

AI extract

What is this about?

Mutation dispute, Sitamarhi (Bihar): Circle Officer, Sonebarsa rejected mutation application (order dated 03.12.2025, Mutation case No. 1151/20252026); writ petition seeking certiorari and mandamus disposed of by Patna High Court on 30-06-2026 (Rajiv Roy, J.) with liberty to seek fresh consideration before DCLR, Sitamarhi within four weeks, hearing of all parties, reasoned/comprehensive order, and condonation of limitation; no statute or precedent discussed; no findings on merits.

What did the court decide?

No relief on the merits; petitioners given liberty to approach the Deputy Collector, Land Reforms, Sitamarhi (respondent no. 4) within four weeks, with the DCLR to hear all parties and pass a comprehensive/reasoned order, and any limitation petition to be condoned. ¶33

Birendra Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 03.12.2025 passed by the Circle Officer, Sonebarsa in Mutation case No. 1151/20252026 rejecting the petitioners' mutation application should be set aside by certiorari. +2 more

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Ratio / Principle

If the petitioners prefer a petition before the DCLR, Sitamarhi within four weeks, the DCLR shall take up the petition after noticing/hearing all the parties and take it to its logical conclusion by a comprehensive/reasoned order.

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Key takeaways

Any limitation petition before the DCLR has to be condoned, in view of the fact that the petitioners were pursuing their remedy before this Court.ratio¶31
The writ petition is disposed of with the aforesaid observations, without adjudication on the merits of the certiorari and mandamus prayers.ratio¶33

Detailed headnote1 paragraphs

Patna High Court (Rajiv Roy, J.), CWJC No. 451 of 2026, decided 30-06-2026: Petitioners challenged, by certiorari, the order dated 03.12.2025 of the Circle Officer, Sonebarsa in Mutation case No. 1151/20252026 rejecting their mutation application, and sought mandamus for entry of their names in mutation records in view of the DCLR, Sitamarhi Sadar order dated 01.02.2025 in Mutation Appeal No. 1004/2024-25 and the order dated 26.08.1995 in T.S No. 52/1986. 21/1995, besides action against the Circle Officer for repeated rejection. Without deciding the merits, the Court recorded counsel's submission that the petitioners would approach the Deputy Collector, Land Reforms, Sitamarhi (respondent no. 4), and disposed of the writ petition directing that if such petition is filed within four weeks the DCLR shall decide it after noticing/hearing all parties by a comprehensive/reasoned order, condoning any limitation petition since the petitioners were pursuing remedy before the High Court.

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.451 of 2026

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Birendra Kumar S/o - Late Sant Mahto, R/o Vill - Madhiya, Math Tetaria, P.S. Sonbarsa, Dis-Sitamarhi.

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Rina Devi, W/o - Raj Kishor Chaudhari, R/o Vill - Madhiya, Math Tetaria, P.S. Sonbarsa, Dis- Sitamarhi.

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... ... Petitioner/s

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Versus

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The State of Bihar through the District Collector, Sitamarhi.

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The District Collector, Sitamarhi, Dist- Sitamarhi.

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The Additional Collector, Sitamarhi, Dist-Sitamarhi.

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The Deputy Collector, Land Reforms, Sitamarhi, Dist Sitamarhi.

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The Anchal Adhikari, Sonbarsa, Dis-Sitamarhi.

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The halka Karamchari Anchal, Sonbarsa, Dist Sitamarhi.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Brij Bihari Tiwary, Adv. For the Respondent/s : Mr. Standing Counsel (7) ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

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5 30-06-2026

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Heard Mr. Brij Bihari Tiwary, learned counsel for the

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petitioner and learned counsel for the State.

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The present petition has been preferred for

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following relief/s:

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i. In the nature of certiorari for setting aside the order dated 03.12.2025 passed in Mutation case No. 1151/20252026 by the Circle Officer,Sonebarsa whereby and where under the Mutation application of the petitioner has been rejected.

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ii. In the nature of mandamus

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Patna High Court CWJC No.451 of 2026(5) dt.30-06-2026 2/3

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directing and commanding the respondent authorities to enter the name of the petitioners in mutation records in view of directions passed by the learned D.C.L.R. Sitamarhi, Sadar vide order dated 01.02.2025 in Mutation Appeal No. 1004/2024-25 and in view of order dated 26.08.1995 passed in T.S No. 52/ 1986. 21/1995 learned Sub Judge, III, Sitamarhi.

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iii. In the nature of mandamus directing and commanding Particularly the Collector, Sitamarhi (Respondent 2) to take action against the Circle Officer, Sonbarsa who his intentionally harassing the petitioners and rejecting the claim of mutation repeatedly.

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iv. For issuance of any other relief or reliefs for which the petitioners are entitled for in the fact and circumstances of the instant case.

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After some argument, learned counsel for the

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petitioner submit that he shall be approaching the Deputy Collector Land Reforms, Sitamarhi (respondent no. 4) for the redressal of grievance.

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If such petition is preferred in next four weeks, the DCLR, Sitamarhi shall be taking up the petition after noticing/hearing all the parties, it is expected that the same will

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Patna High Court CWJC No.451 of 2026(5) dt.30-06-2026 3/3

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be taken to its logical conclusion by a comprehensive/reasoned order. Limitation petition, if any, has to be condoned in view of

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fact that the petitioner was pursuing remedy before this Court.

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