Patna High Court
The State Of Bihar vs Kumar Vaibhav Vikash on 19 February, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.98 of 2025
In
Civil Writ Jurisdiction Case No.5978 of 2024
======================================================
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms, Department, Government of Bihar, Patna.
2. The Collector, Purnea.
3. The Additional Collector, Purnea.
4. The Deputy Collector, Land Reforms, Sadar, Purnea.
5. The Circle Officer, Purnea East, Purnea.
6. Bhagirath Prajapati, the Revenue Karamchari of Revenue Halka Nagar
Nigam A/1, Circle Office, Purnea East, Purnea P.S.- K. Hat, District- Purnea.
... ... Appellant/s
Versus
Kumar Vaibhav Vikash, Son of Sri Madan Mohan Prasad, Resident of
Mohalla- South of Pancham Bhawan, Tara Nagar, Madhubani, P.S.- K. Hat,
District- Purnea.
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 103 of 2025
In
Civil Writ Jurisdiction Case No.6471 of 2024
======================================================
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Government of Bihar, Patna.
2. The Collector, Purnea.
3. The Additional Collector, Purnea.
4. The Deputy Collector Land Reforms, Sadar, Purnea.
5. The Circle Officer, Purnea East, Purnea.
6. Bhagirath Prajapati, the Revenue Karamchari of Revenue Halka Nagar
Nigam, A/1, Circle Office, Purnea East, Purnea, P.S. - K. Hat, District -
Purnea.
... ... Appellant/s
Versus
Kumar Vaibhav Vikash Son of Shri Madan Mohan Prasad Resident of
Mohalla- South of Pancham Bhawan, Tara Nagar, Madhubani, P.S- K. Hat,
District- Purnea.
... ... Respondent/s
======================================================
with
Patna High Court L.P.A No.98 of 2025 dt.19-02-2025
2/6
Letters Patent Appeal No. 104 of 2025
In
Civil Writ Jurisdiction Case No.6377 of 2024
======================================================
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Government of Bihar, Patna.
2. The Collector, Purnea.
3. The Additional Collector, Purnea.
4. The Deputy Collector Land Reforms, Sadar, Purnea.
5. The Circle Officer, Purnea East, Purnea.
6. Bhagirath Prajapati, the Revenue Karamchari of Revenue Halka Nagar
Nigam, A/1, Circle Office, Purnea East, Purnea, P.S. - K. Hat, District -
Purnea.
... ... Appellant/s
Versus
Kumar Vaibhav Vikash Son of Sri Madan Mohan Prasad resident of Mohalla -
South of Pancham Bhawan, Tara Nagar, Madhubani, P.S. - K. Hat, District-
Purnea.
... ... Respondent/s
======================================================
with
Letters Patent Appeal No. 105 of 2025
In
Civil Writ Jurisdiction Case No.6350 of 2024
======================================================
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms Department, Government of Bihar, Patna.
2. The Collector, Purnea.
3. The Additional Collector, Purnea.
4. The Deputy Collector Land Reforms, Sadar, Purnea.
5. The Circle Officer, Purnea East, Purnea.
6. Bhagirath Prajapati, the Revenue Karamchari of Revenue Halka Nagar
Nigam, A/1, Circle Office, Purnea East, Purnea, P.S. - K. Hat, District -
Purnea.
... ... Appellant/s
Versus
Kumar Vaibhav Vikash Sri Madan Mohan Prasad Resident of Mohalla- South
of Pancham Bhawan, Tara Nagar, Madhubani, P.S- K. Hat, District- Purnea.
... ... Respondent/s
======================================================
Appearance :
(In Letters Patent Appeal No. 98 of 2025)
For the Appellant/s : Mr. P.K. Shahi, AG
Mr. Vivekanand Prasad (GP-7)
Patna High Court L.P.A No.98 of 2025 dt.19-02-2025
3/6
Ms.Roona (AC to GP -7)
Mr. Sanjay Kumar, Adv.
For the Respondent/s : Mr.Amit Kumar Anand, Adv.
(In Letters Patent Appeal No. 103 of 2025)
For the Appellant/s : Mr. P.K. Shahi, AG
Mr. Vivekanand Prasad (GP-7)
Ms.Roona (AC to GP -7)
Mr. Sanjay Kumar, Adv.
For the Respondent/s : Mr.Amit Kumar Anand, Adv.
(In Letters Patent Appeal No. 104 of 2025)
For the Appellant/s : Mr. P.K. Shahi, AG
Mr. Vivekanand Prasad (GP-7)
Ms.Roona (AC to GP -7)
Mr. Sanjay Kumar, Adv.
For the Respondent/s : Mr.Amit Kumar Anand, Adv.
(In Letters Patent Appeal No. 105 of 2025)
For the Appellant/s : Mr. P.K. Shahi, AG
Mr. Vivekanand Prasad (GP-7)
Ms.Roona (AC to GP -7)
Mr. Sanjay Kumar, Adv.
For the Respondent/s : Mr.Amit Kumar Anand, Adv.
======================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 19-02-2025
The defects pointed out by the Stamp Reporter
in LPA Nos. 103 of 2025 and 105 of 2025 are hereby
ignored.
2. All the four appeals have been taken up
together and are being disposed off by this common
judgment.
3. Separate Interlocutory Applications filed in all
the four appeals for condoning the delay in preferring the
appeals are condoned for the reasons stated in those
Patna High Court L.P.A No.98 of 2025 dt.19-02-2025
applications.
4. Interlocutory Application Nos. 1/2025 in all the
four appeals stand disposed of.
LPA Nos. 98, 103, 104 and 105 of 2025
5. The substance of the matter is that certain
parcels of land were purchased by the respondents by
registered sale deeds which they wanted to get mutated in
their respective names, which attempt failed because the
Circle Officer, Purnea East, Purnea refused to mutate their
names.
6. The order passed by the Circle Officer was
challenged before the DCLR, Sadar, Purnea in appeal.
7. The order of the Circle Officer was set aside.
Despite that, it was urged on behalf of the respondents, the
land was not mutated in their respective names and as such
they had to approach the Public Grievance Redressal Cell
and obtain certain directions.
8. A direction also appears to have been issued by
the Divisional Commissioner for taking definite decision in
the matter with respect to mutation of the names of the
Patna High Court L.P.A No.98 of 2025 dt.19-02-2025
respondents.
9. Based on these facts, the learned Single Judge
allowed the writ petitions filed by the
petitioners/respondents and directed the Circle Officer to
mutate the names of the petitioners / respondents in the
Govt. records and a timeline also was fixed for the same.
10. Challenging such orders passed by the learned
Single Judge in the four writ petitions, the State has urged
that the lands in question was found to be surplus in the
ceiling proceedings against the holdings of one P.C. Sarkar.
11. The aforesaid land was acquired by two
notifications of the Govt.
12. The lands in question in all these appeals fall in
the acquired lands by the State. After the acquisition, the
lands were distributed to parcha holders, the names of
whom have been provided in the memo of appeal.
13. It appears that the learned Single Judge failed
to notice this aspect of the matter, even though in the
counter affidavit filed by the Circle Officer, Purnea East,
Patna High Court L.P.A No.98 of 2025 dt.19-02-2025
Purnea in one of writ petitions, the factual situation was
explained.
14. The learned counsel for the respondents is not
in a position to dispute the aforenoted fact.
15. Considering this aspect of the matter, we set
aside the impugned orders in all the four writ petitions and
sustain the order of Circle Officer, Purnea East, Purnea.
16. All the appeals stand allowed.
(Ashutosh Kumar, ACJ)
( Partha Sarthy, J)
sunilkumar/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 20.02.2025
Transmission Date N/A
