Aatma Ram Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13857 of 2025 ====================================================== Aatma Ram Mishra Son of Late Shiv Chandra Mishra Resident of VillageWard No. 4, Kali Asthan Tola Shirniya, P.S.- Gogri, District-Khagaria. ... ... Petitioner/s
Versus
1.
The State of Bihar through Chief Secretary, Government of Bihar, Patna. 2.
The Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna.
3.
The District Magistrate, Khagaria.
4.
The Additional Collector, Gogri, Khagaria, 5.
The Circle Officer, Gogri Block, Khagaria, 6.
The Deputy Collector, Land Reforms, Khagaria ... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Shekhar, Advocate For the Respondent/s :
Mrs.Satabdi Sinha (21) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-09-2025 Learned counsel for the petitioner prays for and is allowed to implead the Deputy Collector, Land Reforms, Khagaria as respondent no.6 in course of the day.
2. Heard Mr. Raj Shekhar, learned counsel for the petitioner and Mrs. Satabdi Sinha, learned counsel for the State.
3. The present petition has been preferred for the following relief/s:
(i) for issuance of an appropriate writ, order or direction commanding the respondents to cancel the Mutation done in favour of case co-sharer bearing Mutation Case No.
Patna High Court CWJC No.13857 of 2025(2) dt.01-09-2025 2/3 870/24-25 of joint property unpartition were description is Mauza-Latra, Thana No.- 325/1, Khata No.-33, Khesra No.285, 286 measuring 1 Bigha 15 katha, previous mutation runs in the name of Dhirnath Mishra vide Mutation No. 20LRD who happens to be grandfather of the petitioner but co-sharer or wrongful gain without taking concern of other share holder sold the property, petitioner filed objection petition before Circle Officer Gogri but without giving opportunity of hearing mutated apart of land bearing 870/2024-2025 and rejected mutation of as part of land vide 757/20242025, petitioner filed representation before authorities raising the grievances but it is pending as yet and/or any other order/ orders as your lordships may deem fit and proper under the circumstances of the case.
4. The grievance is that without giving an opportunity of hearing, the Circle Officer, Gogri, Khagaria (Respondent no.5) took decision relating to the land in Case No. 870 of 2024
Patna High Court CWJC No.13857 of 2025(2) dt.01-09-2025 3/3 -25(Annexure-P/4 to the petition).
5. Learned State counsel submits that against the said order, the petitioner should have moved before the newly added respondent no.6, the Deputy Collector, Land Reforms, Khagaria and further submission is that the other side has not even been made party respondent.
6. Learned counsel for the petitioner submits that he shall be approaching the concerned respondent (respondent no.6) in next four weeks.
7. If such petition is preferred in next four weeks, the Deputy Collector, Land Reforms, Khagaria (respondent no.6) shall ensure after hearing all the parties, the matter is taken to its logical conclusion by 31.03.2026.
8. The writ petition stands disposed of with the aforesaid observation.
(Rajiv Roy, J) Ravi/- U