Brijesh Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.982 of 2026 ====================================================== Brijesh Mahto, aged about 45 years (male), Son of Shivnath Mahto, Resident of Village- Gabnaha, P.S.- Sahodara, District- West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through District Magistrate, West Champaran. 2.

The Deputy Collector Land Reforms, Narkatiyaganj, West Champaran. 3.

The Circle Officer, Gaunaha, West Champaran.

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

For the Petitioner/s :

Mr. Saket Tiwary, Advocate For the Respondent/s :

Mr. Pankaj Kumar, SC-12 Mr. Pramod Kumar Yadav, AC to SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-01-2026 Heard Mr. Saket Tiwary, learned counsel appearing on behalf of the petitioner and Mr. Pankaj Kumar, learned SC12 along with Mr. Pramod Kumar Yadav, learned AC to SC-12 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:- "1. That this humble application on behalf of the petitioner for issuance of writ/direction:- (i) To the respondent No 3 (Circle Officer Gaunaha) to conider afresh the mutation case No 1871R27/2024-2025.

(ii) To mutate the land in favour of the petitioner bearing Khata No 27, Khesra No 136, admeasuring 11.3 decimal, situated at Mauja-Gheghwalia, dist Bettiah.

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

Patna High Court CWJC No.982 of 2026(2) dt.27-01-2026 2/3

3. The petitioner has claimed that he had purchased a piece of land situated at Mauza Ghegwalia, P.S. Sahodara, Bettiah, appertaining to Khata No. 27, Khesra No. 136, measuring total area of 11.3 decimals, through registered Sale Deed No. 2229 dated 13.03.2020 from his vendor, namely, Shakti Kumari @ Shakti Pal Singh, who had earlier acquired the aforesaid land from the landlord, Govind Narayan, through registered Sale Deed No. 5234 dated 29.05.1961, pursuant to which Jamabandi No. 8 was created in her name, and she used to pay rent to the State Government. After execution of the registered Sale Deed No. 2229 dated 13.03.2020 by Shakti Kumari @ Shakti Pal Singh (vendor of the petitioner) and upon coming into possession of the aforesaid land, the petitioner had applied for mutation of the land in his favour, whereupon Mutation Case No.

1871R27/2024-25 was instituted. However, the said mutation case was rejected by the Circle Officer vide order dated 22.02.2025 on the ground that the land in question is Gair Majarua land. Aggrieved by the said order, the petitioner had preferred Mutation Appeal No. 202/2025-26 before the Deputy Collector Land Reforms (D.C.L.R.), Narkatiyaganj, who, taking into consideration the Notification No. 925 dated 11.11.2014, had passed the order dated 02.07.

Patna High Court CWJC No.982 of 2026(2) dt.27-01-2026 3/3 Circle Officer to generate online Jamabandi in respect of the aforesaid land in favour of the petitioner, but in spite of the specific direction issued by the D.C.L.R., the Circle Officer is sitting tight over the matter.

4. Considering the aforesaid submission/information, the Circle Officer, Gaunaha, West Champaran, is directed to immediately assume his/her jurisdiction and comply with the order passed by the D.C.L.R. dated 02.07.2025 expeditiously in accordance with law and report to the District Magistrate-cumCollector within two weeks from the date of communication of this order.

5. Accordingly, the present application stands disposed of.

(Purnendu Singh, J) Niraj/- U