Mohammad Abbas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2773 of 2026 ====================================================== 1.

Mohammad Abbas Son of Md. Sahebjaan, Resident of Dariya Chapra, Police Station- Motipur, District- Muzaffarpur. 2.

Rukhsana Khatoon, Wife of Mohammad Abbas, Resident of Dariya Chapra, Police Station- Motipur, District- Muzaffarpur. 3.

Md. Nasim Raza, Son of Mohammad Abbas, Resident of Dariya Chapra, Police Station- Motipur, District- Muzaffarpur. 4.

Md. Wasim Raza, Son of Mohammad Abbas, Resident of Dariya Chapra, Police Station- Motipur, District- Muzaffarpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna. 2.

The District Magistrate, Muzaffarpur.

3.

The Additional Collector, Muzaffarpur, Distt. Muzaffarpur. 4.

The D.C.L.R., Muzaffarpur West, Distt. Muzaffarpur. 5.

Circle Office, Motipur, P.S. Motipur, Distt. Muzaffarpur. 6.

Halka Karamchari, P.S. Motipur, Muzaffarpur, Distt. Muzaffarpur. 7.

Motipur Zamindari Company Ltd., P.S. Motipur, District- Muzaffarpur. 8.

Union of India, through Superintendent of Post Office, P.S. Muzaffarpur, Distt. Muzaffarpur.

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

For the Petitioner/s :

Mr. Wasi Akhtar, Advocate For the Respondent/s :

Mr. Government Pleader (03) For the UOI :

Mr. Sanat Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 30-06-2026 Heard Mr. Helal Ahmad, learned counsel for the petitioners and the State.

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

"(i) To issue of an appropriate writ and or direction to Respondents D.C.L.R. and Circle Office, Respondent Nos. 4 and 5 to dispose of application for mutation filed by the petitioners for mutation

Patna High Court CWJC No.2773 of 2026(3) dt.30-06-2026 2/3 their names in respect of 26 decimal land appertaining to plot no. 63 khata no. 266 situated at Motipur, District- Muzaffarpur forthwith.

(ii) To take appropriate action against the Respondent D.C.L.R. for not disposing of the mutation proceeding against even after order dated 07.10.2024 in C.W.J.C. No. 14868 of 2024 passed by Hon'ble Mr. Justice Harish Kumar whereby and whereunder the Hon'ble Court directed to dispose Mutation Appeal No. 950/2025-26 but even after 7 months of filing of the appeal and hearing the same on several dates i.e. 10.09.2025, 17.12.2025 and 20.12.2025, he adjourned the case to 05.02.2025 for further hearing."

3. Learned counsel for the petitioners straightaway took this Court to the order dated 12.06.2025 passed by the Additional Collector, Muzaffarpur in Jamabandi Cancellation No. 59/2023-24 [Circle Officer, Motipur vs. Superintendent, Post Office, Motipur (Annexure P/14)] to show that an order has already been passed by the learned Additional Collector on 12.06.2025 with a direction to the Circle Officer, Motipur to act in accordance with law immediately, however the respondents are sitting over the matter and petition has been preferred to the DCLR, Muzaffarpur West.

Patna High Court CWJC No.2773 of 2026(3) dt.30-06-2026 3/3

4. Learned State counsel objects to it and submits that a perusal of the order of the Additional Collector, Muzaffarpur would show that direction was given to the Circle Officer, Motipur and the least that was expected from the petitioners was to submit a proper petition before the concerned respondent and they have failed to do so.

5. This Court is in-line with the submission put forwarded by the learned State counsel. An order has been passed by the Additional Collector, Muzaffarpur and direction is given to the Circle Officer, Motipur, they should have preferred a proper petition before the Circle Officer, Motipur who will have to take a decision in accordance with law and in-line with the order passed by the Additional Collector, Muzaffarpur, as recorded above.

6. In that background, the writ petition stands disposed of allowing the petitioners to move before the Circle Officer, Motipur within four weeks who shall be taking the matter to its logical conclusion, in accordance with law, within a period of three months.

(Rajiv Roy, J) Adnan/- U