The existence of an effective remedy via appeal is a prerequisite for initiating writ proceedings under Article 226 of the Constitution.

CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

2 11-12-2025 The instant writ application has been filed under Article 226 of the Constitution of India by the petitioner seeking the following relief(s):

"1. That writ application is being filed with prayer for issuance of an appropriate writ/writs, order/orders, direction to Respondent authority specially respondent no 4 (CO) Anchal-Rafiganj District-Aurangabad Bihar for reconsider the mutation of land bearing khata no-31 plot no-3 Area- 55 dismal on the basis of order of appeal case no- 471/23-24 in which the part of same khata no 31 and plot no 3 has been mutated by respondent no 4.

II. That in the view of facts:-

The petitioner and his brother MD Geyas S/O Late MD Yusuf have purchased the land from MD Harun Rashid and MD Manun Rashid dated 20/04/23 through Registered Sale deed. Bearing khata no 31 plot no 3 Area 55 dismal thana 743 Mausa kasma and after than the petitioner has approached the CO Rafiganj with an application to reconsider for mutation dated 10/02/25 of land. Due to malafide intention application mutation case no 1560R/24-25 has been heard by CO Rafiganj and same was rejected mutation case 1560R/24-25 by CO Rafiganj saying that the seller and purchaser has not presented with Bansawali though the petitioner has got Jamabandi no part of Land of same khata no 31 and 3 dismal 50 by the ordered of appeal mutation case no 471/23-24. Through CO rafiganj, and after petitioner again approached with order of appeal case no 471/23-24 and with Bansawali to reconsider to mutation which is pending before CO Rafiganj."

2. Mr. Surendra Prasad Singh, learned counsel appearing for the petitioner and Mr. Vivek Prasad, learned counsel appearing for the State-respondents are present and they are heard.

3. It is submitted by petitioner's counsel that the petitioner and his brother had initially filed Mutation Case No. 1560 R27/24-25 before the Circle Officer, Rafiganj which was rejected mainly on account of the petitioner's non- appearance as well as non-filing of the relevant documents and accordingly, the petitioner's prayer was not rejected on merit. Thereafter, the petitioner again filed an application/representation before the same Circle Officer by way of Annexure- P/7 along with all the relevant documents and the same is still pending.

4. After hearing both the sides, this court is of the view that there is efficacious remedy of appeal to challenge the order of the Circle Officer rejecting the petitioner's prayer for mutation and the same should have been availed by the petitioner, so, considering this aspect, the instant writ application stands disposed of with giving liberty to the petitioner to avail the said efficacious remedy, upon availing this liberty, the petitioner's appeal will be decided on merit by the concerned authority.

(Shailendra Singh, J)