Jharkhand High Court quashes rejection of mutation application; Warns Circle Officer of ₹50,000 cost for non-compliance

The Jharkhand High Court quashed the rejection of a mutation application filed by petitioner and directed the Circle Officer, Hehal, Ranchi, to pass a fresh order within two weeks. The case concerned mutation of land measuring 0.37 acres under Khata No. 113, Plot No. 16, Thana No. 140, Mouza Bajra, which was originally purchased by the petitioner’s father via a registered sale deed dated 15.03.1971.

The mutation had been previously allowed in favour of the petitioner’s father, and jamabandi was created in his name. The petitioner, claiming continuous possession and payment of rent to the State, challenged the Circle Officer’s rejection of his mutation application via Memo No. 1066(ii) dated 13.12.2024. The petitioner had earlier approached the Court in W.P.(C) No. 3186 of 2021, where a direction had been issued to dispose of his application with a reasoned order.

The Court observed that while the petitioner had an alternative remedy under Section 15 of the Jharkhand Tenant Holding Maintenance of Records Act, 1973, the writ petition could still be entertained due to palpable errors in the impugned order. The Court noted that there was no evidence of cancellation of the earlier jamabandi, and that the reason cited for rejecting the mutation application was perverse and unsustainable.

Accordingly, the Court directed the Circle Officer to reconsider and decide the matter afresh within two weeks of receiving the order. It further held that failure to comply would make the officer personally liable to pay ₹50,000 in costs to the petitioner, recoverable as a money decree. The Court clarified that the cost was not punitive but intended to ensure administrative accountability and prevent unnecessary hardship to citizens.