Brij Kishore Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15013 of 2017 ====================================================== Brij Kishore Yadav S/o Late Ram Sewak Yadav resident of village - Bhagwanpur, P.S. - Parsauni, District - Sitamarhi. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector, Dist - Sitamarhi.

3.

The Land Reforms Deputy Collector, Dist. - Sitamarhi. 4.

The Sub Divisional Officer, Dumra Block, Dist. - Sitamarhi. 5.

The Circle Officer, Dumra, Bock, Dist - Sitamarhi. 6.

The Circle Inspector, Dumra, Block, Dist - Sitamarhi. 7.

Sri Santosh Kumar Singh S/o not known to the petitioner posted as the Circle Officer, Dumra Block, Dist - Sitamarhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Kumar, Advocate For the State :

Mr. Sajid Salim Khan, SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-12-2025 Heard the parties.

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

"for issuance of an appropriate writ/direction to the respondents concerned for mutation of the land, admeasuring 0.0.18 Dhur, duly purchased by the petitioner in his name situated under Mauza Rajopatti @ Court Bazar. Thana No. 315, Khata Ward No. 20. Khesara 257; further to quash the order dated

2/4 10.10.2011. passed in R.T.P.S. No. I.D. No. 0564/02.09.11. by the Circle Officer Dumra, Dist. Sitamarhi, whereby the petition filed by the petitioner for mutation has been rejected, in an arbitrary manner on flimsy ground that the vendor of the land is not having mutation in his name: being aggrieved petitioner moved ahead against the order dated 10.10.2011 aforesaid and filed application before the Land Reforms Deputy Collector, Sitamarhi, vide Mutation Case No.9/13-14, the matter was heard on different dates, although after repeated request/ order of the presiding L.R.D.C. Sitamarhi, the relevant records connecting to the matter had not been made available by the said C.O. Dumra and being compelled having no option ultimately the said Mutation Case has been remanded back to the said C.O. Dumra, Sitamarhi, by the L.R.D.C. Sitamarhi, vide order dated 30.01.2015, thereby directing him to pass a reasoned order under the Mutation Act 2011. However against all canons of law the said C.O. Dumra is sitting tight over

3/4 the matter, it is even after filing of petitions before the District Magistrate as well. It is also more surprising that mutation to one another vendee has been granted for the other piece of the land of the same said description of the land to that of the petitioner i.e. Mauza Rajopatti @ Court Bazar, Thana No. 315. Khata -20.

Khesara - 257, vide order dated 22.01.2015 passed in R.T.P.S. No. 8083/15.11.2014, by the same said C.O. Dumra in a clandestine manner."

3. As per the petition, the Deputy Collector Land Reforms, Sitamarhi in Mutation Case No. 9 of 2013-14 after hearing the parties vide and order dated 30.01.2015 directed the Circle Officer, Dumra, Sitamarhi (respondent no.5) to pass a reasoned order.

4. The petition shows that the Circle Officer, Dumra, Sitamarhi did not pass the order till the filing of the writ petition.

5. Since there is no affidavit on behalf of the State, instead of keeping the case pending and imposing the cost upon State respondent, the writ petition is disposed of, directing the

4/4 Circle Officer, Dumra, Sitamarhi to look into the matter and if no order has been passed, to take the same to its logical conclusion by 31.01.2026 after hearing all the parties, failure to do so, he/she will be inviting contempt against him/her.

6. If the order has already been passed no further step is to be taken.

(Rajiv Roy, J) vinayak/- U