2025:JHHC:25705 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.375 of 2024 .... Shailesh Kumar son of Sri Ramawatar Sahu age 40 years, resident of Neeche- Hatia, Post-Hatia, P.S.-Jagarnathpur, District-Ranchi, Jharkhand .… Petitioner Versus 1. The State of Jharkhand 2. Deputy Commissioner, Collectorate Building, P.O.-G.P.O.-P.S.-Kotwali, District-Ranchi, Jharkhand 3. Land Reforms Deputy Collector, Collectorate Building, P.O.-G.P.O.-P.S.- Kotwali, District-Ranchi, Jharkhand 4. Circle Officer, Namkum Anchal, P.O. & P.S.-Namkum, District-Ranchi, Jharkhand 5. Paresh Nayak son of Late Shiv Prasad Nayak 6. Panchanand Nayak son of Late Govind Ram Nayak 7. Nand Kishore Nayak son of Late Devendra Nayak Sl. No.5 to 7 all residents of village Oberia, Nayak Toli P.O. Hatia, P.S.Jagarnathpur, District-Ranchi .... Respondents .... CORAM: HON’BLE MR. JUSTICE RAJESH KUMAR For the Petitioner : Mr. Shashank Shekhar, Adv. For the State : AC to AAG-I .... 06/27.08.2025 1. The present writ petition has been filed for the following reliefs:- “For issuance of writ of certiorari for quashing of Revisional Order dated 20.10.2023 (ANNEXURE 15) passed in Mutation Revision Case No. 47- R-15 of 2022-23 by Respondent No. 2; the Appellate Order dated 05.08.2022 (ANNEXURE - 14) passed in Mutation Appeal No. 231-R- 15 of 2022-23 by Respondent No. 3; as also Order dated 08.03.2022 (ANNEXURE - 13) in Mutation Case No. 03 of 2021-22 passed by Respondent No. 4 whereby and whereunder Respondent authorities has erroneously rejected the mutation application of the Petitioner on an extraneous consideration holding that Order passed in Rent Fixation Case No. 4928 of 1955 and M-Form produced by the Petitioner are fraudulent documents and has completely overlooked the order dated 09.07.2018 passed in Rent Fixation Case No. 04 of 2018-19 (ANNEXURE - 9 SERIES) recognizing the vendors of the Petitioner as statutory raiyat followed with issuance of rent receipt in their name till date.” 2. The description of land is as follows:- “R.S. Khewat No.3/4, Khata No.233, Plot No.1589 measuring an area 11 decimals and Khata No.228 Plot No.1588 measuring an area 0.50 decimals Total Rakba 11.50 decimals at Tahsil Namkum, Village-Hatia and Dist.-Ranchi in favour 2025:JHHC:25705 2 W.P.(C) No.375 of 2024 of petitioner by virtue of registered Deed of Sale bearing No.2754 dated 22.04.2019.” 3. The petitioner has purchased the above piece of land by registered sale deed dated 22.04.2019. 4. On the strength of that sale deed, application has been made for transfer mutation. 5. The transfer mutation is covered under Sections 12 and 14 of the Bihar Tenant’s Holdings (Maintenance of Records) Act, 1973, which is quoted hereinbelow:- “12. Persons claiming interest by partition effected either privately or through Court or intestate or testamentary succession, transfer, exchange, agreement, settlement, lease, mortgage, gift or by any other means to file application before the Anchal Adhikari.- After the commencement of this Act in any area every person having interest in a holding or part thereof in that area by partition effected either privately or through Court, or intestate or testamentary succession, transfer, exchange agreement, settlement, lease, mortgage, gift or by any other means, shall within three months or accrual of such interest file application in the prescribed form before the Anchal Adhikari of the area in whose jurisdiction that land is situated for mutation of his name in respect of that holding or part thereof in the continuous khatian and the tenant's ledger register and on receipt of such application, the Anchal Adhikari shall grant a receipt to such person.] 14. Requisition and disposal of mutation case.—(1) On receipt of notice under Sections 4, 5, 6, 7, 8, 9 and 10 or an application under Sections 11 and 12 or a report under Section 13, the Anchal Adhikari shall start a mutation proceeding and after entering it in the mutation case register which shall be maintained in the prescribed form shall cause such enquiry to be made as may be deemed necessary. (2) The Anchal Adhikari shall issue a general notice and also give notice to the parties concerned to file objection, if any, within fifteen days of the issue of the notice. On receipt of objection, if any, the Anchal Adhikari shall give reasonable opportunity to the parties concerned to adduce evidence, if any, and of being heard and dispose of the objection and pass such orders as may be deemed necessary. (3) In cases in which no objections are received the Anchal Adhikari shall dispose them of within one month of the date of expiry of filing 2025:JHHC:25705 3 W.P.(C) No.375 of 2024 objection and in cases in which objections are received, the Anchal Adhikari shall dispose them of in not more than three months from the date of expiry of the period of filing objections.” 6. A counter affidavit has been filed wherein existence of mutation in favour of vendor has not been disputed. Once there is transfer mutation, the authorities have no power and jurisdiction to go into the title and other factors. As per the mandate of Section 12 of the Bihar Tenant’s Holdings (Maintenance of Records) Act, 1973, the mutation will get transferred in favour of the transferee. 7. In view of above discussion, the Revisional Order dated 20.10.2023 (ANNEXURE-15) passed in Mutation Revision Case No. 47-R-15 of 2022-23 by Respondent No. 2, the Appellate Order dated 05.08.2022 (ANNEXURE-14) passed in Mutation Appeal No. 231-R-15 of 2022-23 by Respondent No. 3 and the Order dated 08.03.2022 (ANNEXURE-13) in Mutation Case No. 03 of 2021-22 passed by Respondent No. 4 are hereby, quashed and set aside. 8. Authorities are directed to record the name of petitioner in Register-II within three months from the date of receipt/production of copy of this order. 9. With above observation and direction, the present writ petition stands disposed of. (Rajesh Kumar, J.) Shahid/ uploaded