Arbind Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6945 of 2026 ====================================================== Arbind Kumar S/O Ram Bilas Prasad Singh, R/O Village - Chuna Kothi, P.O and P.S- Haveli, Kharagpur, District -Munger, Bihar. ... ... Petitioner/s

Versus

1.

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

The Principal Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

The Commissioner, Munger Division, Munger.

4.

The District Magistrate/Collector, Munger District, Munger. 5.

The ADM, Munger, District-Munger 6.

The DCLR, Kharagpur, Munger, P.S- Kharagpur, District - Munger. 7.

The Circle Officer, Haveli Kharagpur, P.S- Haveli Kharagpur, District Munger.

8.

Ajit Kumar Dalmia, S/O Late Vishwanath Dalmia @ Vishwanath Agarwal, R/O Khas Bazar, Haveli Kharagpur, Marwari Tola, P.S-Haveli Kharagpur, District - Munger.

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

For the Petitioner/s :

Mr. Sumeet Kr. Singh, Advocate Mrs. Abhilasha Kumari, Advocate For the Respondent/s :

Mr. Additional Advocate General (9) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-06-2026 Heard Mr. Sumeet Kr. Singh, learned counsel for the petitioner and the State.

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

"I. That the present writ application is being filed in the nature of Certiorari for quashing the order dated 16.12.2025 passed by the

2/4 Additional Collector, Munger (Respondent No.5) in Mutation Revision Case No. 51 of 2025-26, whereby the revision filed by the petitioner was rejected in a mechanical and non-speaking manner without considering the historical records and the written arguments submitted.

II. That the present writ application is being filed in the nature of Certiorari for quashing the order dated 04.05.2025 passed by the DCLR, Kharagpur (Respondent No. 6), Munger in Mutation Appeal Case No. 214/2024-25, which upheld the erroneous findings of the Circle Officer despite the existence of a valid Jamabandi and Rent Roll.

III. That the present writ application is being filed in the nature of Certiorari for quashing the order dated 10.06.2024 passed by the Circle Officer, Haveli Kharagpur (Respondent No. 7) in Mutation Case No. 48R27/2024-25, whereby the Petitioner's application for mutation was rejected on the false pretext that the land is Garmajarua, ignoring the long-standing Raiyati status of the

3/4 land.

IV. That the present writ application is being filed in the nature of Mandamus for directing the Respondent Circle Officer to mutate the name of the petitioner in the revenue records (RegisterII) in respect of the land measuring 2.092 decimals situated in Mauza-Ajimganj, Thana No. 375, Khata No. 203, Plot No. 399, on the basis of the registered sale deed dated 18.12.2023 and the existing Jamabandi No. 656.

V. That the present writ application is being filed for, a direction statingthat the land in question is Raiyati land, having been settled through a registered deed in 1958 and further affirmed by the Hon'ble Patna High Court in Criminal Revision No. 572/1960, and that the State is estopped from claiming it as Garmajarua after collecting rent for over 75 years.

VI. That the present writ application is being filed for, an ad-interim order staying the operation of the impugned orders and restraining the Respondents from creating any third-party

4/4 interest or interfering with the peaceful possession of the petitioner over the subject land during the pendency of this writ application.

VII. And pass any such other order/ orders as this Hon'ble Court deem fit and proper."

3. After some arguments, learned counsel for the petitioner agrees that now the Bihar Land Tribunal (for short 'the Tribunal') has become functional, and as such, the avenue is there for the petitioner.

4. In that background, the writ petition stands disposed of allowing the petitioner to approach 'the Tribunal' in next four weeks and if such petition is filed, the concerned Tribunal shall take into consideration that the matter is/was pending before this Court while dealing with any limitation.

5. It is expected that 'the Tribunal' shall be taking the matter to its logical conclusion at an earliest. (Rajiv Roy, J) Adnan/- U