Patna HC Revives Son’s Land Mutation, Says Circle Officer Cannot Appeal Against His Own Order

The Circle Officer mutated land in favour of the petitioner, Prem Kumar, and opened a Jamabandi in his name.

After the petitioner’s father, respondent no. 6, complained to the Circle Officer, the Circle Officer sent a letter to the Deputy Collector, Land Reforms (D.C.L.R.), recommending cancellation of the mutation.

Acting on that letter, the D.C.L.R. registered a mutation appeal and set aside the Circle Officer’s order

The petitioner challenged the D.C.L.R.’s order, arguing that the Circle Officer could not appeal his own order and that respondent no. 6 had not pursued the statutory appeal process

The Court applied the Bihar Land Mutation Act, 2011, and Rule 11 of the Bihar Mutation Rules, 2012.

It held that an aggrieved person may appeal against a Circle Officer’s mutation order under Rule 11, but the Act contains no provision authorising a Circle Officer to appeal against, or seek appellate review of, his own order before the D.C.L.R.

The D.C.L.R.’s proceeding arose from the Circle Officer’s letter recommending reversal of his own mutation order, rather than from an appeal brought by an aggrieved person under Rule 11.

The Court found no statutory authority for the Circle Officer to initiate such an appeal.

Respondent no. 6, if aggrieved by the mutation, was required to use the prescribed appeal procedure; his complaint to the Circle Officer did not provide a jurisdictional basis for the D.C.L.R. to set aside the mutation

The writ petition was allowed