Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6583 of 2025 ====================================================== Rajeev Kumar Son of Late Shashi Bhushan Prasad Singh, Resident of Village- Rajauli, P.O. and P.S.- Rajauli, District- Nawada. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

The District Magistrate, Rajauli, Nawada.

3.

The Deputy Collector Land Reforms, Rajauli, Nawada. 4.

The Anchal Adhikari, Rajauli, Nawada.

5.

Smt. Indira Singh, wife of Late Prem Kumar Singh @ Biraj Babu, R/o Village, P.O. and P.S. Rajauli, District- Nawada. 6.

Sumit Kumar Saurav, son of Late Prem Kumar Singh @ Biraj Babu, R/o Village, P.O. and P.S. Rajauli, District- Nawada. 7.

Nishant Kumar Singh, son of Late Prem Kumar Singh @ Biraj Babu, R/o Village, P.O. and P.S. Rajauli, District- Nawada. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dhananjay Kumar For the Respondent/s :

Mr.Government Pleader (17) ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL JUDGMENT Date : 29-04-2025 In the instant petition, petitioner has prayed for the following relief:-

1. That this is an application for issuance of an appropriate writ order/orders for setting aside the part order dated 19.2.2025 as contained in annexure-P/6 passed in Mutation Appeal No. 266/20232024 by Respondent no.3 D.C.L.R. Rajauli whereby he was pleased to set aside the order dated 26.2.2022 passed in Mutation Case No.1365 R27/2021-2022by Respondent no.4 Anchal Adhikari, Rajauli as contained in Annexure-2 and directed the Respondent no.4 to pass fresh order accordingly to law and/or pass such any other order/orders as Your Lordships may deem fit and proper under the circumstances of the case.

Patna High Court CWJC No.6583 of 2025 dt.29-04-2025 2/3

2. Learned counsel for the petitioner submits that petitioner is the owner of land appertaining to Mauza Rajauli Thana No. 184 bearing Khata No. 370 Plot No. 3486, 3499, 3498 and 331 measuring area 0.26 decimal, 0.24 decimal, 0.54 decimal and 0.02 decimal. He further submits that respondent no. 5 filed application for mutation of land before Circle Officer, Rajauli, Nawada. The Circle Officer has dismissed the mutation petition by order dated 26.02.2022. Against the said order, respondent no.5 to 7 moved before the D.C.L.R, Rajauli in Mutation Appeal No. 266 of 2023-2024 and by order dated 19.02.2025, D.C.L.R has allowed the appeal with direction to the Circle Officer, Rajauli to pass appropriate order as per law with regard to the land of the petitioner, however, it was ordered that this order shall be subject to the final outcome of the title suit pending in the civil court.

3. Learned counsel for the petitioner submits that petitioner is aggrieved by the part of the D.C.L.R's order wherein it has been recorded that Circle Officer is directed to pass appropriate order with regard to the land in question. Being aggrieved by the said one line finding of the appellate authority, the petitioner has approached this court. Learned counsel submits that where land dispute is pending before Civil Court such finding cannot be

Patna High Court CWJC No.6583 of 2025 dt.29-04-2025 3/3 allowed to be recorded by the concerned authority.

4. Learned counsel on behalf of the State submits that it is a matter of record, however, if petitioner approaches the higher authority against the order of D.C.L.R, same may be rectified.

5. Considering the facts and circumstances of the case and the arguments advanced on behalf of the parties, the writ petition stands disposed of with liberty to the petitioner to approach the competent authority against the finding of the D.C.L.R by way of filing representation within four weeks from the date of receipt of the order. If such representation is filed within the stipulated period, the competent authority shall consider and pass appropriate order expeditiously after giving opportunity of hearing to the parties concerned.

(Alok Kumar Pandey, J) vashudha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 01.05.2025 Transmission Date NA