Dewesh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1376 of 2026 ====================================================== Dewesh Kumar Singh S/o- Dinanath Singh, Resident of Village- Khad Gali Sarju Singh Marg, P.S.- Deoriya, District- Deoria, (U.P.) ... ... Petitioner/s

Versus

1.

The State of Bihar through the Commissioner -cum- Secretary, Land Reforms Department, Old Secretariat, Government of Bihar, Patna. 2.

The Collector, Gopalganj.

3.

The Deputy Collector, Land Reforms Hathua, Gopalganj. 4.

The Circle Officer, Vijaypur, Gopalganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pritish Ranjan, Advocate For the Respondent/s :

Mr. Rewti Kant Raman, AC to SC 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 03-02-2026 Heard Mr. Pritish Ranjan, learned counsel appearing on behalf of the petitioner and Mr. Rewti Kant Raman, learned AC to SC 11 for the State.

2. Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:- "I. That this is an application for issuance of writ/s in the nature of mandamus directing the respondent authority specially respondent no.4 to comply the order passed in mutation revision case no.-05/2025 by which the learned Collector Gopalganj has pleased to allow the revision case which was affirmed by the Hon'ble High Court in CJWC No.9916/2007.

II. To issue of a writ in the nature of mandamus directing the respondent no.-2 and 3 to take appropriate action against responsible person who had not obeyed the order of Hon'ble High Court as well as Collector. III. For any other relief/reliefs for which the petitioner is entitled too."

2/4

3. It is made clear that incorrect Mutation Revision Case No. 05 of 2005 has been mentioned in the relief portion in place of Mutation Revision Case No. 05 of 2025.

4. The brief facts of the case are that one Akhilesh Kumar Singh filed Mutation Case No. 420/2000-2001 before the Circle Officer, Vijaypur, on the basis of which Jamabandis were created in respect of lands of Mauja Sande (Thana No. 01, Jamabandi No. 278), Mauja Kharitya (Thana No. 20, Jamabandi No. 243) and Mauja Sabya (Thana No. 18, Jamabandi Nos. 259, 275, 277, 281, 319, 77 and 75) being aggrieved, the petitioner's uncle, Bibhuti Narayan Singh, preferred Jamabandi Appeal Case No. 25/2005-2006 before the Deputy Collector Land Reforms, Hathua, which was dismissed on 05.12.2005, whereafter he filed Jamabandi Revision Case No.

05/2005 before the Collector, Gopalganj, which was allowed, setting aside the orders of the Circle Officer and the DCLR and remitting the matter to the Circle Officer, Vijaypur, for fresh decision in accordance with law. The said revisional order was challenged by one Akhilesh Kumar Singh by filing CWJC No. 9916/2007, which was dismissed by the Co-ordinate Bench of this court vide order dated 02.12.

3/4 action till date, compelling the petitioner to make repeated representations.

5. Learned counsel appearing on behalf of the State submitted that the Circle Officer concerned has gone on strike in spite of the strict direction of the Government that action will be taken against him.

6. The petitioner is aggrieved that no action has been taken in compliance of the order of this Court and order of the Collector, Gopalganj. The Circle Officer has failed to take any action till date. I find that the present is the fit case, in which all the Circle Officers who were posted at Vijaypur Circle, Gopalganj from the date the petitioner has applied for mutation are required to be dealt with in accordance with the law for having not complied with the order dated 24.05.2007 passed by the Collector, Gopalganj and the petitioner has been forced to resort remedy of appeal after waiting for a period of more than 19 years. The inaction on the part of the concerned Circle Officers calls for interference of this Court.

7. The Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar is directed to take appropriate action and see that the petitioner should not be deprived of his constitutional right as enshrined under Article

4/4 300 A of the Constitution of India. He is further directed to call for the records relating to the land in question and at the same time, the details of all the Circle Officers, who were holding the Circle Office Vijaypur, Gopalganj, from the date the petitioner has applied for mutation till the present writ petition has been filed and see that the relief as sought for in the present writ petition is redressed forthwith in accordance with law.

8. Let a copy of this order be communicated to the Additional Chief Secretary, Department of Revenue and Land Reforms as well as, General Administration Department for taking appropriate action in accordance with law.

9. The writ petition, accordingly, stands disposed of. (Purnendu Singh, J) Sanjay/- U