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IN THE HIGH COURT OF JUDICATURE AT PATNA
PARTHA SARTHY, J.
Kumar Gaurav Son of Late Jagdish Prasad @ Jagdish Prasad Gupta – Appellant
Versus
The State of Bihar – Respondent
Civil Writ Jurisdiction Case No.4501 of 2021
Decided on : 28-06-2023
Land Dispute - Mutation and Registration - Title Suit no.202 of 2013, Mutation Case no.555-R-27/2018-19, Mutation Appeal no.28/2019-20, Mutation Revision Case no.21/2020-21 - The court discussed the legal provisions related to mutation, registration, and land disputes, emphasizing the binding nature of judgment and decree in Title Suit no.202 of 2013 and the implications of mutation orders. The court held that the land could not be listed as government land and directed the issuance of rent receipts to the petitioner.
Fact of the Case:
The petitioner filed a writ application seeking relief related to a land dispute involving mutation, registration, and possession of the land.
Finding of the Court:
The court found that the judgment and decree in Title Suit no.202 of 2013 were binding on the parties, and the mutation orders in favor of the petitioner remained valid. The court directed the issuance of rent receipts to the petitioner.
Issues: The issues involved the correctness of the mutation and registration processes, the listing of the land as government property, and the refusal to issue rent receipts to the petitioner.
Ratio Decidendi: The judgment and decree in Title Suit no.202 of 2013 were held to be binding, and the mutation orders in favor of the petitioner were upheld, leading to the direction for the issuance of rent receipts.
Final Decision: The writ application was allowed, and the court directed the Circle Officer to issue rent receipts to the petitioner.
JUDGMENT :
1. Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The petitioner has filed the instant application for the following relief(s):
(ii) For issuance of writ in the nature of command directing the Circle Officer, Akbarpur, District-Nawada to grant up to date rent receipt in the name of petitioner for the piece of land in question C.S. Khata No.165, C.S. Plot No.491 Area 2 Acre 20 decimals Corresponding to R.S. Khata No.279, R.S. Plot No.806 (Area 1 Acre 22 Decimals), R.S. Plot No.782 (Area 1 Acre 01 Decimal).
(iii) For issuance of writ in the nature of mandamus commanding and directing the District Sub-Registrar Rajauli, District-Nawada to register the sale deed dated 12.11.2020 as produced by petitioner vide Annexure-9.
(iv) For issuance of any other relief/reliefs for which petitioner deemed entitled to.”
3. At the outset, learned counsel for the petitioner submits that in view of the developments having taken place during pendency of the writ application, he will not be pressing the prayer made in paragraph no.1(iii) to the writ application.
4. The dispute in this case relates to an area of 1.22 acres in R.S. Plot no.806 and 1.01 acres in R.S. Plot no.782, both in R.S. Khata no.279, C.S. Khata no.165, C.S. Plot no.491 measuring 2.20 acres in Mauja Badail, Circle and P.S. Akbarpur in the District of Nawada. The land in question was purchased by the petitioner for valuable consideration by a registered sale deed dated 24.7.2018 (Annexure-5) from Sri Krishna Prasad Bhojpuri and Sri Vishwanath Prasad Bhojpuri.
5. Learned counsel for the petitioner submits that on account of some error in the entry made in the revisional survey khatiyan with respect to the suit land wherein in the remark column, the name Bihar Sarkar was entered and illegal possession in the name of Triveni Prasad Singh was shown, the vendors of the petitioner filed Title Suit no.202 of 2013 in the Court of learned Sub Judge VII, Nawada for a declaration that the revisional survey entry made in R.S. khatiyan with respect to the suit land is wrong, illegal, inoperative and not binding on the plaintiffs. Further, prayer was made for confirmation of possession of the plaintiffs with respect to the suit land and for cost. By judgment dated 20.8.2018 (Annexure-4) and decree dated 1.9.2018, the said title suit was decreed in favour of the vendors of the petitioner. The title and possession of the petitioner’s vendors were declared and confirmed on the suit land. Learned counsel further submits that it was during pendency of the said suit that the petitioner purchased the land in question by a registered sale deed dated 24.7.2018.
6. It is further submitted that on the suit having been decreed, the name of the petitioner was mutated but as the Revenue Authority were not correcting the record of rights and the petitioner was not able to sell the land, the petitioner approached this Court by filing CWJC no.12635 of 2019. The said writ application was dismissed by the learned Single Judge by order dated 25.11.2020 (Annexure-12) mainly on the ground that as the appeal filed by the State of Bihar being Title Appeal no.27 of 2019 was pending, the matter being subjudice in appeal, the learned Single Judge was of the opinion that direction cannot be issued to corre
The binding nature of judgment and decree in a title suit, and the validity of mutation orders were central to the court's decision.
Mutation proceedings are fiscal inquiries and do not determine right, title, and interest in the property. The mandatory requirements under section 14(2) must be adhered to, and disputes regarding ri....
Mutation does not confer or extinguish title and is based on possession for revenue purposes. The decree in a civil suit may not necessarily relate to the land in question for the purpose of mutation....
The court emphasized that mutation applications must be adjudicated with proper consideration of all documentary evidence and the right to a fair hearing, reiterating the importance of procedural fai....
The court mandates compliance with its order directing the Circle Officer to expeditiously address land mutation grievances.
A writ petition can be dismissed for non-joinder of necessary parties and title issues must be resolved through civil proceedings.
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