Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2968 of 2025 ====================================================== Sanjeev Kumar Son of Birendra Singh, Resident of Village - Amnour Agnan, Police Station - Amnour, District- Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land and Revenue Department, Government of Bihar, Patna.

2.

The District Magistrate, Saran at Chapra.

3.

The Land Revenue Deputy Collector, Marhowrah. 4.

The Sub Divisional Officer, Marhowrah.

5.

The Block Development Officer, Amnour, Saran. 6.

The Circle Inspector, Amnour Block, District - Saran. 7.

The Circle Officer, Amnour, District - Saran at Chapra. 8.

Khushboo Kumari, Wife of not known to the petitioner, Halka Karamchari, Amnour Harnarayan, Amnour.

9.

Sujeet Kumar Gupta, Son of Sudarshan Prasad, Resident of Amnour Harnarayan, Police Station - Amnour, District - Saran. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shekhar Harshvardhan, Advocate For the Respondent/s :

Mr.Standing Counsel (28) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-02-2025 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed for the following relief :- "That the present writ petition is being preferred for the issuance of an appropriate writ/writs, order/orders, direction/directions in nature of mandamus to remove discrimination among equal in matter of mutation of petitioner land wherein same

Patna High Court CWJC No.2968 of 2025(2) dt.27-02-2025 2/3 and similar situated persons with respect to same and similar description of land (Annexure-P/6) were mutated in name of others persons but respondent no.3 in very mechanical manner rejected the petitioner mutation application vide order dated 2503-2024 and affirmed the order dated 08-08-2023 passed by the respondent no.4. The petitioner further prays to direct the respondent authority to consider claim of petitioner mutation on principal of equality before law which is fundamental right under Article 14 of the Constitution of India. And for any other reliefs/reliefs for which the petitioner is found to be entitled under the provision of law involved in the present case."

3. Learned counsel for the petitioner submits that the petitioner has filed an application for the mutation of his land before the Circle Officer, as shown in Annexure-P/5. He further submits that, according to the petitioner, his mutation case has not been entertained till date, and therefore, an appropriate order may be passed.

4. Learned counsel for the State submits that although the counter affidavit has not been filed in this case, he has discussed the matter with his client, the Circle Officer, who has informed that the petitioner's application for the mutation of the land has been entertained. For this reason, different dates have

Patna High Court CWJC No.2968 of 2025(2) dt.27-02-2025 3/3 been mentioned in the document, along with reasoning explaining the ongoing dispute. He further submits that vide order dated 15.01.2025, the application was reverted to the applicant, meaning that the petitioner's application is still pending until and unless shall not be exclusively dismissed. Therefore, he submits that the writ petition is premature and should be dismissed.

5. In that background, the petitioner is directed to approach the Circle Officer, Amnour Block, District Saran. The Circle Officer is directed to pass a final order after hearing the petitioner, if no final order has been passed on his case, till date. If a final order has already been passed, the petitioner is granted the liberty to seek further remedies through a statutory appeal

6. With the aforesaid observation and direction, the writ petition stands disposed off.

(Dr. Anshuman, J) Ashwini/- U