Nand Kishore Prasad Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11738 of 2019 ====================================================== Nand Kishore Prasad Verma Son of Late Baldev Narayan Verma Resident of Village- Ujain Tola, Hari Vatika, Bettiah, P.S.- Bettiah, Mufassil, DistrictWest Champaran. ... ... Petitioner/s

Versus

1.

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

2.

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

3.

The District Magistrate, West Champaran, Bettiah. 4.

The Addl. Collector, West Champaran, Bettiah. 5.

The Land Reform Deputy Collector, Bettiah Sadar, West Champaran, Bettiah.

6.

The Anchaladhikari, Bettiah, District- West Champaran, Bettiah. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Respondent/s :

Mr.Raj Kishore Roy (GP-18) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-07-2019 Heard learned counsel for the parties.

2. It is the case of the petitioner that initially the petitioner's application for mutation was rejected by the Circle Officer against which an appeal was filed by the Deputy Collector Land Reforms, Bettiah, giving rise to Mutation Appeal No. 44 of 2015-16. The said mutation appeal came to be disposed of by an order dated 12.08.2016, setting aside the order of the Circle Officer with a clear observation that if on the basis of partition any fresh application is filed for mutation, the Circle

Patna High Court CWJC No.11738 of 2019(2) dt.03-07-2019 2/2 Officer shall pass appropriate orders, in accordance with law.

3. It is the case of the petitioner that in the light of the said observation made by the Deputy Collector Land Reforms, the petitioner made an application on 18.01.2017 before the Circle Officer for mutation which has yet not been decided.

4. I have perused the application dated 18.01.2017, which has been brought on record by way of Annexure-3 of the application. The said application before the Circle Officer cannot be said to be an application for mutation under the provisions of the Bihar Land Mutation Act, 2011 and the rules framed thereunder. The Act and the Rules prescribe definite procedure and format for making of an application for mutation which has apparently not been done.

This application is, thus, disposed of with an observation that the petitioner shall be at liberty to apply afresh an application for mutation in the light of the order of the Deputy Collector Land Reforms as asserted by the petitioner, which shall be disposed of within the time prescribed under the Act.

arun/- (Chakradhari Sharan Singh, J) U