I have purchased a residential plot
3 weeks ago
Respected Sir,
I have purchased a residential plot of 2 decimal in Bihar and applied for mutation but, the concerned Karamchari and CO had rejected it with the reason that the Plot belongs to the bakast malik account. According to the departmental provision, there is a demand to upload the proof of rayatikaran of land online. Which is not available with the ryot.
Before taking the property I have well checked the register -II is updated and current malguzari raseed for last 12 years is there in the name of vendor. Even on same khata and khasra (big plot) many transactions (30 transactions) of sale and purchase happened which was easily mutated.
Sir, what shall I do , as the co has already rejected it?
The Supreme Court has held in a plethora of judgments that mutation of property in revenue records does not create right or title in favor of a person but merely allows for property tax fixing purposes and the mutation process . So, in case the Circle Officer (CO) rejects the mutation application, you can file an appeal before the additional collector or the deputy commissioner, within 30 days of the order of rejection. Further, if it is not met, then you can file a writ petition under Article 226 of the Constitution before the jurisdictional High Court and seek the Court to direct the CO, for the grant of mutation in favor of the said land.
Hope it helps.
Thank you.
Consider filing a writ petition with the High Court to challenge the Circle Officer's rejection of your land mutation application.
In the given scenario, a writ petition may be required to be filed before the High Court challenging the order of the Circle Officer rejecting your application for mutation of the land you bought. You need to consult with a local Advocate who is well aware of the subject matter for guidance and steps.
You may contact local advocate who is well acquainted with local revenue laws so that you can get effective legal advise.
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