Raghunandan Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8140 of 2026 ====================================================== 1.

Raghunandan Prasad Singh, son of Late Ramadhin Singh @ Ramdhani Singh, resident of Village- Chandanpura, P.S.- Nayaramnagar, P.O.- Jamalpur, District- Munger 2.

Deonandan Prasad Singh, son of Late Ramadhin Singh @ Ramdhani Singh, resident of Village- Chandanpura, P.S.- Nayaramnagar, P.O.- Jamalpur, District- Munger ... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Patna.

2.

The Collector, Munger 3.

The Additoinal Collector, Munger 4.

The Deputy Collector, Land Reforms, Munger 5.

The Circle Officer, Jamalpur, District-Munger 6.

Rukmani Devi daughter of Late Ram Adhin Singh @ Ramdhani Singh, resient of Village-Chandanpura, P.S.-Nayaramnagar, P.O.-Jamalpur, DistrictMunger ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Indu Bhushan, Advocate For the Respondent/s :

Mr. Kumar Alok, SC-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR ORAL ORDER 24-06-2026 Heard Mr. Indu Bhushan, learned counsel for the petitioner, Mr. Kumar Alok, learned counsel for the State.

2. The present writ petition has been filed with the following reliefs:- "(i) For issuance of an appropriate writ in the nature of certiorari for quashing the order dated 30.11.2023 passed by the Circle Officer, Jamalpur, District-Munger, whereby and where under case filed by the petitioners bearing Transfer Case No. 797R27/2023-24/Jamalpur has been rejected on the very ground that reports of Revenue Karmchari and

2/4 Revenue Officer have been received they have reported that they have reviewed the application and compared with Register-II and found that applicants' had applied for mutation on the basis of inheritance, but the mutation had previously been rejected in Case No.5283 of 2022-23. Therefore, in the light of this further action may be taken as per kind instructions. Since the mutation of the applied land has previously been rejected in Case No.5283 of 2022-23, and the application has not attached the order received from the competent authority under the appeal petition with the application, the applicants may filed a mutation appeal in the court of Dy. Collector, Land Reforms, Sadar, Munger or may approach the competent court, therefore, petition is rejected.

(ii) For issuance of an appropriate writ in the nature of certiorari for quashing the order dated 01.10.2024 passed in Dakhil Kharij Appeal No. 245/2023-24 by the Deputy Collector, Land Reforms, Sadar, Munger, whereby and where under Dakhil Kharij Appeal No. 245/2023-24 has been rejected on the ground that in the family membership certificate issued by Circle Office, Jamalpur bearing No. 266 dated 01.12.2015, Late Ramadhin Singh has two sons, Raghunandan Prasad Singh and Deonandan Prasad Singh married and one daughter Rukmani Devi(married).

From perusal of trial court's record reveals that the Circle Officer, rejected the mutation on the ground that jamabandi was unclear on the basis of inheritance, wherea, the applicants' had previously applied for mutation of the purchased land on the basis of inheritance through his father's registered deed. Based on the family list, the buyer has also a daughter, whose consent letter has not been submitted in the light of foregoing, it does not seem appropriate to initiate a process of mutation in the name of 1962 only two brothers, given the deed dated 19.12.1062 and absence of consent of the only daughter after death of purchaser. Mutation based on inheritance requires the consent of all the parties, therefore, the applicants' appeal is rejected. With this order the litigation is terminated.

(iii) For issuance of an appropriate writ in the nature of certiorari for quashing the order dated 17.9.2025 passed in Dakhil Kharij Revision Case

3/4 No.52 of 2024-25 by the Additional Collector, Munger, whereby and where under Dakhil Kharij Revision Case No.52 of 2024-25 has been rejected on the ground that after hearing the applicants' learned counsel and examining the records, it becomes clear that the applicants' father purchased the land through Deed No.5911 dated 19.12.1962, the land purchaser, the late Ramadhin Singh @ Ramdhani Singh had two sons, applicants' and a daughter. The daughter Rukmani Devi consented to purchase through Notorized Affiadvit No.1329 of 2024 which is on record. However, daughter Rukmani Devi never appeared in the court. The applicants' has not presented any evidence or fact in this court that warrarnt a change in the order passed by Deputy Colllctor, Land Reforms, Sadar, Munger with this intent the proceedings are dismissed, A copy of the order alongwith lower court's record is submitted sent back.

(iv) For isusance of a direction to the Circle Officer, Jamalpur to mutate the purchased land of the father of the petitioners in their names and to make an entry into Register-Il and thereafter to issue rent receipt in their names, as purchased land has been in the possession of the father of the petitioners since 1962 i.e. from the date of purchased the land and after death of their father land is in the possession of the petitioners and petitioners have been cultivating the land without any obstacle and hindrance.

(v) For issuance of any other appropriate writ/writs, order/ orders, direction/directions for which the writ petitioners would be found entitled under the facts and circumstances of the case.

3. In view of the statutory remedy available at Bihar Land Tribunal, I am not inclined to interfere into this matter, the petitioner is at liberty to file a petition before the Bihar Land Tribunal.

4. If the petitioner takes recourse to the alternative remedy within a period of four weeks, the Bihar Land Tribunal

4/4 shall look into the matter and dispose of the same within a period of three months from the date of receipt of this order.

5. With the above observation, the present writ petition stands disposed of.

(Alok Kumar, J) khushbu/- U