Patna High Court
Rajeev Kumar vs The State Of Bihar on 29 April, 2025
Author: Alok Kumar Pandey
Bench: Alok Kumar Pandey
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6583 of 2025
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Rajeev Kumar Son of Late Shashi Bhushan Prasad Singh, Resident of
Village- Rajauli, P.O. and P.S.- Rajauli, District- Nawada.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. The District Magistrate, Rajauli, Nawada.
3. The Deputy Collector Land Reforms, Rajauli, Nawada.
4. The Anchal Adhikari, Rajauli, Nawada.
5. Smt. Indira Singh, wife of Late Prem Kumar Singh @ Biraj Babu, R/o
Village, P.O. and P.S. Rajauli, District- Nawada.
6. Sumit Kumar Saurav, son of Late Prem Kumar Singh @ Biraj Babu, R/o
Village, P.O. and P.S. Rajauli, District- Nawada.
7. Nishant Kumar Singh, son of Late Prem Kumar Singh @ Biraj Babu, R/o
Village, P.O. and P.S. Rajauli, District- Nawada.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar
For the Respondent/s : Mr.Government Pleader (17)
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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
Date : 29-04-2025
In the instant petition, petitioner has prayed for the
following relief:-
1. That this is an application for issuance
of an appropriate writ order/orders for
setting aside the part order dated
19.2.2025
as contained in annexure-P/6
passed in Mutation Appeal No. 266/2023-
2024 by Respondent no.3 D.C.L.R.
Rajauli whereby he was pleased to set
aside the order dated 26.2.2022 passed in
Mutation Case No.1365 R27/2021-2022-
by Respondent no.4 Anchal Adhikari,
Rajauli as contained in Annexure-2 and
directed the Respondent no.4 to pass fresh
order accordingly to law and/or pass
such any other order/orders as Your
Lordships may deem fit and proper under
the circumstances of the case.
Patna High Court CWJC No.6583 of 2025 dt.29-04-2025
2. Learned counsel for the petitioner submits that petitioner
is the owner of land appertaining to Mauza Rajauli Thana No.
184 bearing Khata No. 370 Plot No. 3486, 3499, 3498 and 331
measuring area 0.26 decimal, 0.24 decimal, 0.54 decimal and
0.02 decimal. He further submits that respondent no. 5 filed
application for mutation of land before Circle Officer, Rajauli,
Nawada. The Circle Officer has dismissed the mutation petition
by order dated 26.02.2022. Against the said order, respondent
no.5 to 7 moved before the D.C.L.R, Rajauli in Mutation
Appeal No. 266 of 2023-2024 and by order dated 19.02.2025,
D.C.L.R has allowed the appeal with direction to the Circle
Officer, Rajauli to pass appropriate order as per law with regard
to the land of the petitioner, however, it was ordered that this
order shall be subject to the final outcome of the title suit
pending in the civil court.
3. Learned counsel for the petitioner submits that petitioner
is aggrieved by the part of the D.C.L.R's order wherein it has
been recorded that Circle Officer is directed to pass appropriate
order with regard to the land in question. Being aggrieved by the
said one line finding of the appellate authority, the petitioner has
approached this court. Learned counsel submits that where land
dispute is pending before Civil Court such finding cannot be
Patna High Court CWJC No.6583 of 2025 dt.29-04-2025
allowed to be recorded by the concerned authority.
4. Learned counsel on behalf of the State submits that it is a
matter of record, however, if petitioner approaches the higher
authority against the order of D.C.L.R, same may be rectified.
5. Considering the facts and circumstances of the case and the
arguments advanced on behalf of the parties, the writ petition
stands disposed of with liberty to the petitioner to approach the
competent authority against the finding of the D.C.L.R by way
of filing representation within four weeks from the date of
receipt of the order. If such representation is filed within the
stipulated period, the competent authority shall consider and
pass appropriate order expeditiously after giving opportunity of
hearing to the parties concerned.
(Alok Kumar Pandey, J)
vashudha/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 01.05.2025
Transmission Date NA
