Smt. Rekha Sahay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17414 of 2025 ====================================================== Smt. Rekha Sahay, W/o Sri Manoj Sinha, R/o Mohalla- Hambha Tola, Ranipur Khirki Near Devi Sthan, P.S.- Khajekala Patna City, District- Patna. ... ... Petitioner/s

Versus

1.

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

2.

The District Magistrate (Collector), District Patna. 3.

The Additional Collector, Land Reforms, District Patna. 4.

The Deputy Collector, Land Reforms, Patna City, District- Patna. 5.

The Circle Officer, Didarganj, Patna.

6.

Sri Rajeev Kumar, S/o Late Sukhadev Prasad, R/o Mohalla- Dundi Bazar, Patna City, P.S.- Chowk, District- Patna, Bihar. 7.

Sri Surendra Kumar, S/o- Late Kallu Gope, R/o Mohalla- Ranipur Khrki, Murlidhar Patna City, P.S. -Mehdigang, District- Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Kumar, Adv.

For the Respondent/s :

Mr. Sajid Salim Khan, Sr. Adv. (SC-25) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-11-2025 The instant writ petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking the following reliefs :- "(i) For Quashing the order, which is without jurisdiction, passed in mutation Appeal No.- 274 of 2023-24 dated 21.09.2024 (Annexure-6) passed by the Respondent No.4, The Deputy Collector Land Reforms, Patna City, Patna which relates to Mauza-Ranipur, police station no. 1/19, Khata no. 1452, Plot no. 3641 (part) area 1.5625 decimal land which is petitioner's land.

(ii) For further issuance of an appropriate order/order's in the nature of mandamus directing/commanding the Respondent No. 5, The

Patna High Court CWJC No.17414 of 2025(2) dt.17-11-2025 2/3 Circle Officer, Didarganj, Patna that the mutation order dated 09.06.2022 (Annexure-3) passed in mutation case No. 98239 of 2021-22 of the Petitioner should continue.

(iii) For further issuance of an appropriate order/ orders in the nature of mandamus directing/ commanding the Respondent No.3, the Additional Collector land Reforms, Patna, to pass an order as per the law contained in the mutation Act and Rules within three months in the pending Mutation Revision Case No. 25 of 2024-25 against the order dated 21.09.2024 passed by former Deputy Collector Patna City in Mutation Appeal Case No. 109 of 2023-24, after hearing the parties, without any authority of law on the facts and circumstances of the case and during the pendency of this Revision application the impugned order dt. 21.09.2024 has been passed in mutation Appeal No.- 274 of 2023. (iv) this Hon'ble court be pleased to take Judicial Notice of order in subsequent Mutation Appeal No. 274 of 2023-24 passed by Respondent No. 4 who is sitting tight over the matter putting the petitioner in immense trouble.

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

2. Mr. Ravindra Kumar, learned counsel for the petitioner and Mr. Sajid Salim Khan, learned SC-25 for the State-respondents, are present and they are heard.

3. In this writ petition, the petitioner has challenged the order dated 01.01.2024 passed by the Deputy Collector, Land Reforms, Patna City, in Mutation Appeal No. 109 of

Patna High Court CWJC No.17414 of 2025(2) dt.17-11-2025 3/3 2023-24 arising out of Mutation Case No. 115899 of 2022-23. It is an admitted position that Mutation Revision Case No. 25 of 2024-25 has already been filed by the petitioner against the order passed in Mutation Appeal No. 109 of 2023-24, which is still pending and so far as the order dated 21.09.2024 passed in Mutation Appeal No. 274 of 2023-24 is concerned, the petitioner has same efficacious remedy of revision, which ought to have been availed by her. Accordingly, this Court finds that the issue raised by the petitioner is premature for consideration under its writ jurisdiction.

4. The petitioner is directed to pursue her Mutation Revision Case No. 25 of 2024-25 pending before the Additional Collector against the order passed in Mutation Appeal No. 109 of 2023-24, and the order dated 21.09.2024 passed in Mutation Appeal No. 274 of 2023-24 may be challenged by way of a revision before the appropriate authority, if she desires so, within three weeks from today. If she prefers such revision, the time spent by her in pursuing this writ petition shall be excluded while computing the period of limitation for said revision.

5. In the result, the instant writ petition stands disposed of.

(Shailendra Singh, J) annu/- U