Noorjahan Begam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18995 of 2025 ====================================================== Noorjahan Begam wife of Md. Maksud Alam @ Md. Masood Alam, Resident of Sikarhatta Khurd, P.O.-Sikarhatta Kala, P.S. Sikarhatta, District-Bhojpur, Ara.

... ... Petitioner/s

Versus

1.

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

Additional Chief Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

3.

Additional Chief Secretary, General Administrative Department, Government of Bihar Patna.

4.

The Collector cum District Magistrate cum 2nd Appellate Authority, Public Gram Officer, Bhojpur, Ara.

5.

The Deputy Collector, Land Reforms, Piroh, Bhojpur, Ara. 6.

The Circle Officer, Tarari Circle, Bhojpur, Ara. 7.

The Halka Karamchari, Sikarhatta Halka, Tarari Circle, Bhojpur, Ara. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Helal Ahmad, Adv.

For the Respondent/s :

Mr. K.P. Gupta, GP-10 Mr. Satya Vrat, AC to GP-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 25-11-2025 Heard Mr. Md. Helal Ahmad, learned counsel for the petitioner and the State.

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

(i) For directing the Respondent No. 6 & 7 to implement the order dated 1205-2022 passed in Mutation by No.76/20212022 Appeal Case D.C.L.R, Pihro, Bhojpur, Ara, whereby and where under, the order

2/4 passed in Mutation Case No. 326R-27/20202021 has been cancelled and directed the Circle Officer, Tarari, to comply the order dated 12-05-2022 but the Circle Officer, Tarari has willfully and deliberately not mutated the name of petition in respect of lands;

(ii) Direct the Respondent No. 2 departmental Respondent initiate a against Officer, proceeding (Circle No. 6 Ara) for Tarari, Bhojpur, willful and deliberate disobedience of order dated 12-05-2022 passed in Mutation Appeal Case No.76/2021-2022 and as per order dated 1103-2025 bearing Unique No.

429110231082405534/2A passed by Respondent No. 4, 2nd Appellate Authority, Public Grievance Redressal Officer, Bhojpur, Ara.

(iii). Further direct the Respondent No. 6 to mutate the lands of petitioner respect of lands described herein above and issue rent receipt of those lands in the name of petitioner.

(iv). Any other relief or relief(s) as the Hon'ble Court deem fit and proper.

3. The matter relates to the land which has been detailed out in the prayer itself. Earlier, the petitioner being aggrieved by the order of the Circle Officer, Tarari, Bhojpur,

3/4 moved before the Appellate Authority, the Deputy Collector Land Reforms, Piro (Bhojpur) in Appeal Case No. 76/2021-22 which came to be disposed of on 12.05.2022 (Annexure-P/2 to the petition). The DCLR, Piro found the order of the Circle Officer, Tarari not to be in accordance with law, annulled it and directed the concerned Circle Officer to pass a fresh order.

4. The contention is that once again the Circle Officer, Tarari took up the matter and rejected the claim of the petitioner vide an order dated 12.10.2022 (Annexure-P/3 to the petition).

5. Aggrieved, the present case.

6. Learned counsel for the petitioner submits that he is facing the cat and mouse situation, he goes before the DCLR, Piro, the appeal is allowed, the matter is sent to the Circle Officer who rejects it. This forced him to approach the Patna High Court.

7. Learned State Counsel on the other hand submits that the earlier order in Appeal Case No. 05 was disposed of having not found the Circle Officer, Tarari's order to be in accordance with law. Now, when the Circle Officer, Tarari has once again rejected the case, natural recourse for the petitioner should have been to approach the DCLR, Piro so that he/she can look into the matter and pass a reasoned order.

4/4

8. This Court finds force in the submission of learned State Counsel. An order has come pursuant to the direction of the DCLR, Piro. The same has to be again challenged before the concerned Court/Appellate authority. The petitioner will have the opportunity to bring on record all the facts and the DCLR, Piro after noticing/hearing the parties concerned, shall pass an appropriate order in accordance with law at an earliest.

9. With the said direction, the writ petition is disposed of.

(Rajiv Roy, J) Vijay Singh/- U