IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13189 of 2008 Umashankar Singh, son of Sri Tej Narayan Yadav, resident of Mohalla- Nand Gola (Main Road), Patna City, P.S. Mal Salami, District- Patna. ... Petitioner. Versus 1. The State of Bihar. 2. The S.D.O. Cum- D.C.L.R. Patna City. 3. The Circle Officer, Patna Sadar, Patna 4. Md. Syed Sah Isharar Hussain, S/O Late Syed Sah Wazid Hussain, Resident of Dargah Road, Arjan, P.S. Sultanganj, District- Patna. .... Respondents. ----------- 02- 30.1.2009 Heard Learned counsel for the petitioner, and Mr. Sanjay Kumar No.1, learned Government Pleader No.14. This writ petition is directed against the order dated 24.6.2008 (Annexure-2), passed by the learned Sub- Divisional Officer-cum- D.C.L.R., Patna City, in Misc. Case No.46 of 2004-05, with respect to mutation of the land in question. The petitioner had filed an application for mutation of the lands in question which was disposed of along with various applications of other persons by order dated 20.3.2007 (Annexure-1), passed by the learned Anchal Adhikari, Patna Sadar, in Misc. Case No.49 of 2004-05, and the petitioner’s application for mutation was allowed. 2 2. It is with respect to Plot nos.2211, 2212, and 2216, appertaining to Khata No.850, covering a total area of 1.12 acres, situate at village- Sandalpur, Thana No.11, District- Patna. This order has been modified by the impugned order and the lands have been directed to be mutated in favour of respondent no.4 herein. Hence this writ petition. 3. The learned Government counsel raises a preliminary objection as to the maintainability of this writ petition and submits that the petitioner has rushed to this Court without exhausting the statutory remedy available to him in terms of section 16 of the Bihar Tenants’ Holdings (Maintenance of Records) Act 1973 (hereinafter referred to as the ‘Act’). 4. We have perused the materials on record and considered the submissions of learned counsel for the parties. Learned counsel for the petitioner raises issues of facts which is difficult to be entertained in writ jurisdiction. In that view of the matter, the preliminary objection raised by the learned Government Pleader is fit to be upheld. 3 5. The writ petition is dismissed with the liberty to the petitioner to approach the learned Collector of the district of Patna, in terms of section 16 of the Act which, if preferred within a period of four weeks from today, shall be disposed of on merits and shall not be rejected on the ground of delay. (S K Katriar, J.) S.K.Pathak/