Subject: Request for Guidance on Mutation Process Respected Sir, I have purchased a 2 decimal residential plot in Biharsharif, Nalanda, Bihar, and applied for online mutation (Case No. 5639/2023-2024 dated 29-Dec-2023). My application was rejected by the Circle Officer, stating that the plot is categorized under Bakast Malik Khata as per the CS Khatyan, and I was asked to provide proof of Rayati Karan. After consulting with the DCLR, I was informed that I need to submit an application for Rayati Karan before I can proceed with the mutation. However, I am aware of Bihar Government Resolution No. 924 dated 11.11.2014, which outlines the mutation process for plots under Bakast Malik Khata. I have submitted all required documentation in line with Resolution No. 925 dated 11.11.2014, including: 1. Jamabandi in the name of the vendor, up-to-date Malguzari (Lagaan) receipts, mutation records, Register-II, and registered sale deed. 2. Evidence of peaceful possession. 3. A list of 36 cases that have been mutated in the same Khata without objections, including the latest online mutation case No. 5071/2022-2023 (MD Raju Quraishi). 4. A copy of the original Register-II showing ongoing Malguzari (Lagaan) in the name of the previous vendor, Shri Churaman Mahto, for over 63 years since 1961. 5. The vendor’s Jamabandi register indicates the land type as 'Riyati' (noted by the CO Biharsharif in 2022). 6. The online Khatyan displays the name of the previous vendor, Mr. Churaman Mahto. 7. A certified copy of the registered sale deed showing payment of land revenue receipts dating back to 1924. For the past 8-10 months, I have repeatedly visited the DCLR Court in Biharsharif to expedite the mutation process, putting aside my studies and personal commitments, including my sister's wedding and my mother's treatment. Unfortunately, I have not received clear guidance on the next steps, and I am only given future hearing dates. I kindly request your assistance in guiding me on how to resolve this issue.
Dear Sir, It seems your property is situated other than Karnataka State. Hence you may contact local advocate having acquainted with local revenue laws and relevant circulars issued by your state government. You may also try to get favorable order by approaching the state high court.
Dear Client, As per your query, in the case of a rejection for granting the mutation on your 2 decimal residential plot in Biharsharif, Nalanda, on account of its finding under Bakast Malik Khata, you should apply for Rayati Karan, as rightly advised by the Circle Officer and Deputy Collector Land Reforms (DCLR). Your application must be accompanied with peaceful possession certificate, revenue payment receipts, sale deeds and reference to Bihar Government Resolution Nos. 924 and 925 dated 11.11.2014 dealing with the problems of mutation of Bakast Malik fields. If there is no improvement even after that you may prefer presenting a representation to the higher authorities or to the Board of Revenue. Some mutation cases may also be mentioned in which the same Khata has been dealt with successfully. You would, of course, file a writ petition in the High Court under Article 226 of the Constitution of India for a mandamus directing the concerned authorities to act, if everything else fails. Feel free to book an appointment for a detailed discussion on the issue.
