CLEAR DEFINITIONS OF THE TERMS ‘COMPETENT COURT’ AND ‘PENDING’ WILL PREVENT UNNECESSARY DELAYS IN MUTATION CASES

CLEAR DEFINITIONS OF THE TERMS ‘COMPETENT COURT’ AND ‘PENDING’ WILL PREVENT UNNECESSARY DELAYS IN MUTATION CASES

21-FEB-ENG 2

RAJIV NAYAN AGRAWAL

PATNA-----------------------The department has issued clear guidelines regarding Section 6(12) of the Bihar Land Mutation Act, 2011, providing relief to genuine purchasers, and directing all zonal officers to expedite execution.

In response to an important question related to the Revenue and Land Reforms Department in the Bihar Legislative Assembly on Tuesday, Deputy Chief Minister and Minister of Revenue and Land Reforms, Vijay Kumar Sinha, clarified that to address the problem of unnecessary delays in mutation cases and other revenue matters, the department has clearly defined the terms "competent court" and "pending."

He informed the House that the execution of mutation cases was being delayed due to different interpretations of the term "pending in a competent court" used in Section 6(12) of the Bihar Land Mutation Act, 2011, in different zones. In light of this situation, a detailed departmental review was conducted.

The Deputy Chief Minister stated that the department's Principal Secretary, CK Anil, has issued clear guidelines to revenue officials at all levels. The letter clarifies that "competent courts" refer to the Civil/Civil Court, the Patna High Court, and the Supreme Court. Furthermore, revenue courts such as the DCLR, ADM, DM, Commissioner's Court, courts authorized by the Law Department, and the Bihar Land Tribunal (BLT) also fall within the category of competent courts.

"Pending" refers only to a suit duly filed and in process, in which a court has taken cognizance, issued a notice, or has issued a stay/interim order (Stay Order, Temporary/Permanent Injunction, Status Quo).

He clarified that the mere filing of an application, objection, or representation in a court does not constitute "pending in a competent court." If a clear stay or interim order by a competent court is not in effect, revenue officials will continue their proceedings as per the rules.

The Deputy Chief Minister stated that it has also been directed that a case filed in the competent court will not be considered "pending" if it does not clearly state "Admission" in the certified copy.

The Deputy Chief Minister stated that the government's intention is to save bonafide purchasers from unnecessary inconvenience and ensure timely disposal of mutation cases and land disputes. He emphasized that all zonal officers will now work in accordance with these clear guidelines, and no case will be unnecessarily pending.

He assured the House that ensuring transparency, accountability, and prompt service in revenue administration is the top priority of the double-engine government.