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2026 Supreme(Jhk) 526

IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN, J.
Biraj Devi, W/o. Sri. Late Kishto Prasad Sao – Petitioner
Versus
The State of Jharkhand – Respondent
W.P.(C) No. 5672 of 2018
Decided On : 15-04-2026

Advocates Appeared:
For the Petitioner: Mr. Mahesh Tewari, Adv.
For the State : Mr. J.F. Toppo, G.A. –V, Mr. Neil Abhijit Toppo, AC to GA-V
For the Respondents: Mr. Rajendra Krishna, Adv., Mr. Amit Kumar, Adv.

Revenue authorities lack jurisdiction to adjudicate title disputes, which are reserved for civil courts. Superior revenue authorities maintain the inherent power of superintendence to revoke mutation orders obtained through fraudulent suppression of facts or prior binding orders to prevent the perpetuation of illegal administrative acts.

Headnote:(A) Land Revenue - Mutation of Land - Powers of superintendence - Revenue authorities acting in a quasi-judicial capacity possess no jurisdiction to adjudicate upon title or ownership interests in property, as such matters fall within the exclusive domain of the civil courts. (Paras 15, 17)

(B) Powers of Supervision and Control - The appellate or revisional authority possesses the power of general control and superintendence over subordinate officials. This power extends to the rectification of orders passed on the basis of material suppression of facts or fraudulent misrepresentation, ensuring that illegal proceedings are not validated. (Paras 7, 12, 16)

Facts of the case:
The claimant acquired land through registered instruments and successfully applied for mutation. A long-standing dispute arose regarding the ownership, leading to several rounds of litigation before revenue officers. A lower revenue authority eventually closed the mutation proceedings, directing the claimant to approach a competent civil court to establish title, and this order attained finality. Years later, the claimant secured a new mutation order by suppressing the existence of the prior binding orders through a grievance cell mechanism. The superior appellate authority subsequently nullified this order.

Findings of Court:
The appellate authority correctly exercised its statutory power of supervision and control to rectify the illegality stemming from the suppression of material facts. The revenue authority's initial directive to seek remediation before a civil court regarding title disputes was the appropriate legal course of action.

Issues: Whether a revenue authority possesses the power to intervene and nullify an order obtained through fraudulent suppression of binding records, and whether such intervention falls within the ambit of judicial superintendence.

Ratio Decidendi: Revenue authorities are strictly limited to the maintenance of summary records and have no power to determine title. An order obtained through the fraudulent suppression of facts is void ab initio. A superior revenue authority is empowered to exercise its supervisory jurisdiction to set aside such orders to prevent the perpetuation of illegalities.

Result: Writ application dismissed.

Table of Content
1. factual history of property mutation dispute and litigation timeline. (Para 1 , 2 , 3)
2. contention regarding the commissioner's jurisdiction and the finality of mutation orders. (Para 4 , 5 , 6 , 7)
3. assessment of suppression of material facts in administrative proceedings. (Para 8 , 9 , 10 , 11)
4. collector's powers under section 28 to rectify illegal administrative orders. (Para 12 , 13 , 14 , 15 , 16)
5. dismissal of petition due to existence of final prior orders. (Para 17)

JUDGMENT :

DEEPAK ROSHAN, J.

Heard learned counsel for the parties.

2. The instant writ application has been preferred by the petitioner praying therein for quashing of the order dated 15.10.2018 passed by the 2nd Respondent in Mutation Revision No. 06/2018; whereby the learned Commissioner while entertaining a second revision application, which is barred under the law, has quashed and set aside the order passed in Mutation case No. 55/88 & Misc 56/87-88 as well as Misc. case No. 01/2016-17.

3. (a) Briefly stated, as per the pleadings is that in 1987, Petitioner and her husband purchased the land in question from Krishna Kumari Devi (daughter-in-law of Rajendra Pratap Singh Deo) and Rahul Kumar Singh Deo (grandson of Rajendra Pratap Singh Deo) vide 2 registered sale deeds. On 05.05.1988, after the purchase, petitioner and her husband applied for mutation and the aforesaid land was mutated in their favour in mutation case No. 55/87-88 & 56/87-88 and rent receipts were also issued in the name of husband of the petitioner.

(b) Respondent No.6 instituted a mutation case being Mutation Case No. 05/96-97 for entering his name for the purpose of mutation for 12.77 acres of land in Khata No.43 as well as for 7.16 acres of land in Khata No. 44 and accordingly, correction slip in the name of Respondent No.6 for a total land of area 19.93 acres was issued.

(c) Thereafter, on 10.05.2002, Petitioner and her husband preferred an appeal before the Land Reform, Deputy Collector, Seraikella u/s 15 of the Bihar Tenant's holdings (Maintenance of Records) Act, 1973 which was registered as Misc. Case No.01/2001-2002 and vide order dated 10.05.2002, the said appeal was dismissed. Thereafter, Petitioner and her husband, preferred a revision application u/s 16 of the Act which was registered as Mutation revision case No. 07/2002-03 and after hearing the parties, vide order dated 27.02.2004, learned Commissioner, quashed and set aside the order dated 15.02.2001, passed in Misc. Case No. 5/96-97 as well as order dated 10.05.2002 passed in Appeal No 01/2001-2002 and remanded the matter back to Circle officer, Seraikella for passing a fresh order.

(d) None of the parties challenged the order dated 27.02.2004 passed in Revision Case No. 07/2002-03 and they even participated in the proceedings before the learned Circle officer, Seraikella.

(e) On 27.04.2007, Circle officer, after remand instead of passing order in mutation Case No. 05/1996-97, registered a Misc. Case being Misc. Case No.01/2006-07 and held that matter pertains to correction in records of right which can be done by competent civil court and as such, applicant was directed to approach competent civil court.

(f) After a gap of almost ten years after passing of the order dated 27.04.2007; on 19.12.2017, Petitioner again approached the office of circle officer, Seraikella to accept rent from her. Pursuant thereto, a Misc. Case No. 01/2016-17 was registered by the circle officer and after due enquiry, it was ordered that rent be accepted from the petitioner and rent receipts be issued.

(g) After this development, Respondent No.6 preferred a revision application being Mutation Revision No. 06/2018 before Commissioner, challenging the order dated 19.12.2017 passed in Misc Case No. 01/2016-17, orders passed in Mutation Case Nos. 55/87-88, 56/87-88 and order dated 27.02.2004 passed in Mutation revision No. 07/2002-03 and letter No. 1689/A. Petitioner after appearance, filed her objection. On 15.10.2018, the Responden

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2026 Supreme(Jhk) 526

IN THE HIGH COURT OF JHARKHAND AT RANCHIDEEPAK ROSHAN, J.Biraj Devi, W/o. Sri. Late Kishto Prasad Sao – PetitionerVersusThe State of Jharkhand – Respondent W.P.(C) No. 5672 of 2018Decided On : 15-04-2026

Cases Referred (2)

IN THE HIGH COURT OF JHARKHAND AT RANCHI
DEEPAK ROSHAN, J.
Biraj Devi, W/o. Sri. Late Kishto Prasad Sao – Petitioner
Versus
The State of Jharkhand – Respondent
W.P.(C) No. 5672 of 2018
Decided On : 15-04-2026