IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11087 of 2022 ======================================================

Ajit Kumar Son of Parshuram Singh Resident of Village- Laxmipur, Police Station- Barahiya, District- Lakhisarai.

... ... Petitioner/s Versus

1. The State of Bihar through Chief Secretary, Government of Bihar, Patna.

2. The Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3. The District Magistrate-Cum-Collector, Jamui.

4. The Circle Officer, Sikandra, Jamui.

5. The Public Grievance Redressal Officer, Government of Bihar, Patna.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Sanjeev Ranjan, Advocate Mrs. Shrishti Singh, Advocate For the Respondent/s : Mr. Atul Shankar, Advocate ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL JUDGMENT

Date : 10-02-2026 Heard Mr. Sanjeev Ranjan, learned counsel appearing on behalf of the petitioner and Mr. Atul Shankar, learned counsel for the respondent/s.

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 a writ of certiorari to quash the e-

communication dated 23.08.2021,, passed in Case No. 1149 of 2021-22, whereby without notice to the petitioner or the persons alleged to be interested or the villagers who are alleged to be cultivating the land, the impugned order has been passed in complete violation of principle of natural justice and in flagrant violation of Sub Section 6 (4) of the Bihar Land Mutation Act 2011 as even in case of objection under Sub Section 6 (4) of the Bihar Land Mutation Act 2011 no order shall be passed unless the parties have been given reasonable opportunity to adduce evidence and being heard.

(ii) For a writ of mandamus commanding the respondent Circle Officer to decide the mutation case in accordance with law after affording opportunity of adducing oral and documentary evidence to the petitioner in support of his title and possession on the suit land.

(iii) For any other relief / reliefs to which the petitioner is found entitled in the facts and circumstances of the case."

BRIEF FACTS

3. The brief facts of the case are that the land appertaining to Khata No. 156, Kheshra No. 752 measuring 4 Acre 21 Decimal, Khata No. 156, Kheshra No. 625 measuring 3 Acre 65 Decimal and Khata No. 155, Kheshra No. 731 measuring 71 Decimal, situated in Thana No. 214, Mauza Sikandara, Police Station–Charan, District–Jamui, was recorded in the Revisional Survey in the name of Mathura Singh, grandfather of Kumar Neeraj, and till date Jamabandi continues in his name, with rent having been regularly paid by Kumar Neeraj on behalf of his late grandfather and rent receipts issued up to the year 2021; due to compelling family necessity, Kumar Neeraj decided to sell the land and, after negotiation, agreed to transfer the same to the petitioner for a consideration of Rs. 40,00,000/-, pursuant to which a registered sale deed bearing No. 6805 dated 31.07.2021 was duly executed conveying all right, title and interest in favour of the petitioner; thereafter, the petitioner applied for mutation of his name in the revenue records through online mode on 23.08.2021, which was registered as Mutation Case No. 1149 of 2021–22, and the Circle Officer directed a local enquiry through his subordinate, but upon receipt of the enquiry report, without initiating any formal proceeding or granting any opportunity of hearing to the petitioner, the Circle Officer abruptly rejected the mutation application by e-communication dated 23.08.2021 uploaded on the mutation portal, solely on the basis of a vague report alleging that unnamed villagers claimed cultivation over the land, treating the same as an objection and thereby passing an arbitrary and illegal order, giving rise to the present writ petition.

SUBMISSIONS ON BEHALF OF THE PARTIES

4.