Judicial orders must be respected, and actions contrary to statutory provisions in ongoing disputes are null and void.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 30-01-2026 Heard learned counsel appearing on behalf of the petitioner and learned counsel for the State.

2. The petitioner in paragraph no. 1 of the present writ petition has sought, inter alia, following relief(s), which is reproduced hereinafter:-

“I. For setting aside the Ex-Party Order dated

23.02.2021 passed by D.C.L.R. Patna in Mutation Appeal No. 24/2020-21 whereby Mutation appeal was allowed with respect to piece of land, which is subject matter of Title Partition Suit No. No. 157/2011.

II. For setting aside the order dated 10.07.2025 passed by the Sub-Divisional Public Grievance Redressal Officer, Patna Sadar, Patna, whereby petitioner's complaint bearing Complaint No. 999957904042524022 has been disposed of without taking decision with regard to the mutation of the private respondent which was carried out during pendency of the Title Partition Suit No. 157/2011.

III. For setting aside the order dated

21.07.2025 issued with the signature of S.H.O. Phulwarishariff Police Station, Patna whereby the private respondent has been allowed construction upon the land in question even without measurement of the land and it has further been ordered that the private respondent may get the Magistrate and police force appointed for construction of the building upon the land in question.

IV. For issuance of direction to the respondent authorities to demarcate the land of the private respondent as per the registered sale deed and stop the construction until measurement is carried out.

V. For any other relief/reliefs for which the petitioner may be deemed entitled to.”

3. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is aggrieved by the order dated 21.07.2025 (Annexure P/7). The Circle Officer, Phulwarisharif without considering the provisions of Section 6 (12) of the Bihar Land Mutation Act , 2011 has passed the said order. (12) of the Mutation Act restrains the Circle Officer to pass any order in those cases where title between the parties is disputed. Learned counsel informs that Title Partition Suit No. 157 of 2011 is pending between the petitioners and the respondent nos. 10 to 13, in which plaintiffs are respondent nos.

10 to 13 hereof and the petitioners are the defendant. He submitted that in spite of prohibition contained in Section 6 (12) of the Mutation Act and the order dated 06.04.2017 passed by the learned ADJ-IV, Patna by which status quo was directed to be maintained, the Circle Officer illegally allowed the respondent nos. 10 to 13 to construct structure over the said land, even though he has taken notice of the information which the petitioner gave in Janta Darbar. Learned counsel submitted that much prejudice has been caused to the petitioner, as the very nature of the suit, as a result of the subsequent development, will change giving rise to multiplicity of the litigation forcing the petitioner to file the present writ petition.

4. The matter was adjourned and today Mr. Madanjeet Singh, learned counsel appearing on behalf of the State informs that the DCLR who has passed the order dated 23.02.2021 in Mutation Appeal No. 24/2020-21 having been apprised of the information that Title Partition Suit no. 157 of 2011 is pending between the parties has immediately taken steps to file revision before the Additional Collector, Patna and Revision Case No. 425/2025-26 has been registered so that the order dated

23.02.2021 is not given effect.

5. Heard the parties.

6. Having heard the rival contention made by the parties and recorded evidence that vide order dated 06.04.2017, learned ADJ-IV, Patna had directed to maintain status quo and the said development has been noticed by the private respondent nos. 10 to 13, in spite of the said judicial order passed by a competent court having jurisdi