Simplified Explanation of the Judgment
The Patna High Court, in a Letters Patent Appeal (LPA), reaffirmed an important principle of property law: entries in mutation or revenue records (Khatiyan) do not themselves create or extinguish ownership rights. Disputes regarding ownership must be decided by a competent civil court and not by relying solely on revenue entries.
Background of the Case
The appellant’s father had purchased a piece of land through a registered sale deed dated 27.02.1982. His name was entered in the revenue records, and a Khatiyan (record of rights) was prepared accordingly. His name was also reflected in the records of the Muzaffarpur Municipal Corporation, where holding tax was being regularly paid.
A dispute arose when another individual (Md. Abbas) claimed rights over the same land. His application for correction of the Khatiyan entry was rejected on 20.08.1986. However, it was alleged that with the connivance of certain officials, Md. Abbas managed to make corrections in the final published Khatiyan after its publication.
The appellant’s father had challenged these corrections by filing a miscellaneous case before the Charge Officer (Settlement), Muzaffarpur in 1987, but the matter remained inconclusive.
Subsequently, the appellant filed a writ petition seeking a direction to the Collector-cum-District Magistrate, Muzaffarpur, to comply with the earlier order of 07.12.1987 passed by the Charge Officer. The writ petition was dismissed by a Single Judge of the Patna High Court on 18.04.2019, directing the appellant to seek remedy before a civil court. Aggrieved, the appellant preferred the present LPA.
Court’s Findings
The Division Bench (comprising the Hon’ble Chief Justice Sanjay Karol and Hon’ble Mr. Justice S. Kumar) upheld the reasoning of the Single Judge. It reiterated the well-settled principle that Khatiyan entries are meant for fiscal purposes only. They neither confer title nor take it away.
Therefore, even if irregularities were committed in the preparation or alteration of the Khatiyan, the dispute regarding ownership or title cannot be resolved through mutation proceedings or writ jurisdiction. The only proper course of action is to approach a civil court for declaration of right, title, and possession.
Court’s Decision
The High Court found no infirmity in the order of the learned Single Judge. Accordingly, the Letters Patent Appeal was dismissed.
Significance or Implication of the Judgment
- For Landowners:
- Mutation and revenue records are important for tax and administrative purposes but they do not establish ownership.
- If ownership is disputed, the rightful remedy is a civil suit, not a writ petition.
- For Revenue Authorities:
- Officials must ensure fairness in mutation proceedings, but parties cannot rely solely on such entries to claim ownership.
- For General Public:
- This ruling clarifies that property disputes must be resolved in civil courts through proper evidence, not by contesting entries in government registers.
Legal Issue(s) Decided and the Court’s Decision with Reasoning
- Do mutation entries (Khatiyan) confer ownership or title?
Decision: No. Khatiyan entries neither create nor extinguish title; they serve only fiscal purposes. - Was the writ petition the correct remedy?
Decision: No. Since the issue involved declaration of ownership, the proper remedy was to approach a competent civil court. - Should the High Court interfere with the Single Judge’s order?
Decision: No. The Division Bench upheld the Single Judge’s reasoning and dismissed the LPA.
Case Title
Ahmadulah Zafar Hasan v. The State of Bihar & Ors.
Case Number
Letters Patent Appeal No. 595 of 2019 (arising from CWJC No. 12417 of 2018)
Citation(s)
2021(2) PLJR 206
Coram and Names of Judges
- Hon’ble the Chief Justice Sanjay Karol
- Hon’ble Mr. Justice S. Kumar
Names of Advocates and who they appeared for
- For the Appellant: Mr. Ratan Kumar Sinha, Advocate
- For the Respondents: Mr. (Name not mentioned in record)
Link to Judgment
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