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IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH
Krishna Devi, W/o. Jai Kishor Chaudhari – Appellant
Versus
State of Bihar, through the District Collector – Respondent
JUDGMENT :
PURNENDU SINGH, J.
Heard Mr. Brij Bihari Tiwary, learned counsel appearing on behalf of the petitioner and Mr. Kumar Manish, learned SC 5 along with Mr. Kumar Pankaj, learned AC to SC 5 for the State.
2. Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:-
“(i) In the nature of certiorari for setting aside the order dated 03.12.2025 passed in Mutation Case NO.1154 /2025-2026 by the Circle Officer, Sonbersa whereby and whereunder the Mutation application of the petitioner has been rejected.
ii. In the nature of mandamus directing and commanding the respondent authorities to enter the name of the petitioner in mutation records in view of direction passed by the learned D.C.L.R., Sitamarhi Sadar vide order dated 01.02.2025 in Mutation Appeal No.1003/2024-25 and in view of order dated 26.08.1995 passed in T.S. No.52/1986, 21/1995 learned Sub Judge, III, Sitamarhi.
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 petitioner and rejecting the claim of mutation repeatedly.
iv. For issuance of
A landowner's right to mutate property based on a registered sale deed cannot be legally denied without lawful acquisition or evidence of ownership disputes.
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 orders require evidence of possession through lawful transfer, and failure to consider possession invalidates such orders.
The court concluded that the respondent lacked jurisdiction to revisit the validity of the sale deed during mutation proceedings, reaffirming that such matters should be handled by competent legal au....
The court mandates compliance with its order directing the Circle Officer to expeditiously address land mutation grievances.
The binding nature of judgment and decree in a title suit, and the validity of mutation orders were central to the court's decision.
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