Tarkeshwar Singh vs The State Of Bihar
2026 Latest Caselaw 710 Patna

Patna High Court

Tarkeshwar Singh vs The State Of Bihar on 13 March, 2026

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.13965 of 2021
     ======================================================
     Tarkeshwar Singh Son of Late Birendra Singh, Resident of Village-Kuwarpur,
     P.S.-Pipra, District-East Champaran, Motihari.

                                                           ... ... Petitioner/s
                                     Versus
1.   The State of Bihar through the Principal Secretary, Revenue and Land
     Reform Department, Govt. of Bihar, Patna.
2.   The Principal Secretary, Revenue and Land Reform Department, Govt. of
     Bihar, Patna.
3.   The Collector/District Magistrate, East Champaran, Motihari.
4.   The Addl. Collector, East Champaran, Motihari.
5.   The Anchaladhikari, Chakia, District-East Champaran, Motihari.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :     Mr. Sharda Nand Mishra, Advocate
     For the Respondent/s   :     Mr. Raj Kishore Roy (Gp18)
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
     ORAL JUDGMENT

Date : 13-03-2026 Heard the learned counsel for the parties.

2. This writ application has been filed for issuance of

writ in the nature of mandamus for direction of respondents to

consider the application dated 16.07.2021 and 23.07.2021 filed by

the petitioner for mutation of his name over the land of the

petitioner and further for issuance of direction to the respondents

to consider the application of the petitioner and upon mutation

create the Jamabandi in the name of the petitioner and to further

give other legal consequential benefits to the petitioner.

3. Learned counsel for the petitioner submits that

initially the petitioner had approached this Court for a direction to Patna High Court CWJC No.13965 of 2021 dt.13-03-2026

the respondent-authorities to upon the Jamabandi in the name of

the petitioner with respect to the said land. It has been fairly

submitted by the learned counsel for the petitioner that the counter

affidavit filed on behalf of respondents no. 3 to 5 suggests that

during the pendency of this application the final order with respect

to the mutation application has been passed on 18.08.2021 and the

same has been brought on record by way of Annexure-B.

4. The learned AC to GP-18 submits that from perusal of

Annexure-B, it would be evident that the application for mutation

has been dismissed on the ground that there is a suit pending

bearing Title Suit No. 465 of 2014. It has been submitted that in

view of the statutory provisions that no application would be

maintainable as per Section 6(12) of the Bihar Land Mutation Act,

2011 during the pendency of a suit, the present application is

misconceived.

5. Having heard the learned counsel for the parties and

taking into account the fact that the application initially was filed

for a direction for passing orders in the application filed by the

petitioner and in view of the final order having been passed

rejecting the application, the present application has lost its effect.

Patna High Court CWJC No.13965 of 2021 dt.13-03-2026

6. In view of the specific provisions of law, no further

order is required to be passed especially for the fact that the

application filed by the petitioner has already been disposed of.

7. In view of the above, the present application has

become infructuous for the present.

8. The application stands disposed of accordingly.

9. The petitioner has the liberty to move before the

appropriate authority ones the Title Suit No. 465 of 2014 is

disposed of.

(Sourendra Pandey, J) krishna/-

AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          13.03.2026
Transmission Date