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2026 Supreme(Online)(Pat) 4979

PATNA HIGH COURT
Md. Allauddin
CWJC-15154/2014



IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15154 of 2014 ======================================================

Md. Allauddin Son of Late Haji Taiyab Ali resident of village Kantadih, P.S.

Kadwa, Distt. Katihar ... ... Petitioner/s Versus

1. The State Of Bihar

2. The Divisional Commissioner, Purnea Division, Purnea

3. The Collector, Katihar

4. The Circle Officer Kadwa, Distt. Katihar ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Bhola Prasad, Advocate For the Respondent/s : Mr. Sitaram Yadav, GP-16 Mr. Yatindra Narayan, AC to GP-16 ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER

4 13-01-2026 Heard Mr. Bhola Prasad, learned counsel for the petitioner and the State.

2. The present petition has been preferred for the following relief(s):

“for issuance of a writ of Mandamus directing the respondents concerned to supply the certified copy of while order sheet of mutation case No 164/1990-91 and 165/1990-91 for which he filed requisition on 4.4.2011 in the office of C.O kadwa but till date the same has not been supplied to him and he has been compelled for running from pillar to post.

And for any other relief(s) for which the petitioner is found to be the facts and circumstances of the case.”

3. It is unfortunate that even for getting certified copy of an order, one has to approach this Court. Worse is the counter-affidavit filed on behalf of the Circle Officer, Kadwa, according to which, the files of Mutation Case No. 164 of 1990- 91 and Mutation Case No. 165 of 1990-91 have been traced and the petitioner was informed but he failed to come and receive the certified copies.

4. The details of the petitioner is/was available with the office and it is not the case of the Circle Officer that information was given in writing/by post. The counter-affidavit also is silent on the point of the mode of communication with the petitioner.

5. The State-counsel office has done no better by not providing copy of the said counter-affidavit to the learned counsel for the petitioner though it was filed in the year 2019.

6. Instead of keeping the writ petition pending, the same is disposed of directing the Circle Officer, Kadwa (respondent no. 4) to handover the copies of the two orders of the Mutation Case No. 164 of 1990-91 and Mutation Case No. 165 of 1990-91 by 17th of January, 2026 if still not provided.

7. Failure to do so, the petitioner shall be free to file contempt petition on 19.01.2026 so that appropriate order is passed in the matter.

8. Learned State counsel, Mr. Yatindra Narayan, AC to GP-16 undertakes to inform the Circle Officer, Kadwa about the order today itself.

9. The order has been passed under the presumption that the copies of the order have not been provided to the petitioner. If the same have been provided, no further step is to be taken.

(Rajiv Roy, J)

Adnan/-

U

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