2025:JHHC:27279 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.3972 of 2022 ---- Smt. Sudha Dubey, aged 53 years, wife of Shri Uday Nath Dubey, resident of Village Baraon, P.O + P.S-Chainpur, District-Palamau (Medninagar) …. …. Petitioner -Versus- 1. The State of Jharkhand 2. The Deputy Commissioner, Palamau, P.O + P.S. Medningar, District-Palamau 3. The Additional Collector, Palamau, P.O + P.S. Medningar, District-Palamau 4. The Land Reforms Deputy Collector, Palamau, P.O + P.S. Medningar, District- Palamau 5. The Circle Officer, Chainpur, P.O + P.S-Chainpur, District-Palamau 6. Mohit Kumar Dubey, aged, son of Late Shri Dinanath Dubey, resident of Village Baraon, P.O + P.S. Chainpur, District-Palamau …. …. Respondents ---- CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR ---- For the Petitioner : Mr. Krishna Murari, Advocate For the Respondent-State : Mr. Manoj Kumar, G.A-III For the Respondent No.6 : Mr. Amar Kr. Sinha, Adv. ---- 08/Dated: 09th September, 2025 1. Heard learned counsel for the parties. 2. The present writ petition has been filed for the following reliefs:- (a) For quashing the impugned order dated 28.01.2022 (Annexure-6) passed in connection with Misc. Case No.03/2020-21 by the Additional Collector, Palamau whereby the long-running mutation vide case no.279/1997-1998 appertaining to holding no.2054 arising out of Holding No-1608 for a total area of 15.42½ acres situated in village Baraon, Circle- Chainpur, District- Palamu, has been substantially cancelled with direction to the circle officer to stay/ keep on hold the online reflection of mutation of holding no. 1608 (Late Jago Kunwar) and consequential mutations of Holding no-2054 of the petitioner together with three Holdings of others, which is collectively illegal, arbitrary unconstitutional besides being wholly without jurisdiction. b) Consequentially to also quash the follow up Letter No-794 dated 05.05.2022 (Annexure-7) Written by the respondent Additional Collector Palamau to the Circle Officer, Chainpur to ensure implementation of the aforesaid impugned order dated 28.01.2022 passed in Misc. Case no. 03/2020-21 and report compliance thereof. c) Consequently for direction upon the respondents to continue/restore the online reflection of the mutation of the petitioner appertaining to concerned Holding No.2054 and to issue corresponding rent/revenue receipts for respective plots out of 2025:JHHC:27279 2 W.P.C No.3972 of 2022 Holding No.2054 which is still standing good in her name as per the report of the Circle Officer.” 3. The description of land are as follows:- “Situated at Village-Bairawa, Anchal-Chainpur, District-Palamau (i) Khata No.513, Total Area-13.78 acres, Holding No.56/1 (ii) Khata No.435, Total Area-1.07, Holding No.148/II (iii) Khata No.327, Plot No.1680, 1814, 1382, Total Area- 0.18 acres, Holding No.149/II” 4. In compliance of the order dated 02.09.2025, Mr. Kundan Kumar, Additional Collector, Palamau has appeared before this Court and submitted relevant records. 5. From perusal of the records, it appears that the petitioner namely, Smt. Sudha Dubey is the mutation holder of the property in question. Dispute has been raised by the private respondent namely, Mohit Kumar Dubey on the basis of sale deed which has been purchased from Ram Mahal Tiwary and Jaimangal Tiwary. 6. It is an admitted position that the vendor of the respondent No.6 is not the mutation holder. An opportunity has been given to the learned counsel for the respondent No.6 for filing affidavit, but the same has not been filed. 7. The area of mutation is covered by the Bihar Tenant’s Holdings (Maintenance of Records) Act, 1973. The present case relates to transfer of mutation. Mutation can be transferred only and only when the vendor is the mutation holder. If the mutation holder is not the vendor, then it is a matter of civil dispute to be decided by the competent Civil Court. The Circle Officer has not been authorised to decide the title of the parties. Admittedly, in the present case, present petitioner is the mutation holder and the mutation still exists in her name. 2025:JHHC:27279 3 W.P.C No.3972 of 2022 8. In view of the above factual matrix and the legal proposition, the impugned order dated 28.01.2022 (Annexure-6) passed in connection with Misc. Case No.03 of 2020-21 by the Additional Collector, Palamau is hereby, quashed and set-aside. 9. The respondent No.5 i.e., Circle Officer, Chainpur, Palamau is directed to issue the rent receipts in favour of the petitioner who is the mutation holder, if she deposit the rent. 10. Accordingly, the present writ petition stands disposed of. 11. However, the parties are at liberty to work out their further remedies in accordance with law including the Civil Court. 12. The assistance of Mr. Kundan Kumar, Additional Collector, Palamau is appreciated and his personal appearance is hereby, dispensed with. 13. It is clarified that the online entry is nothing, but true copy of the original record. There cannot be any discrepancy in the original record and the online entry. (Rajesh Kumar, J.) Raja/- Uploaded