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State of Bihar - Section

Section 5 in Bihar Land Mutation Rules, 2012

5. Enquiry and Report.

(1)On receipt of petition for mutation or intimation by any authority about acquisition of interest in a holding or a part thereof or suo-motu if the Circle Officer is satisfied that there is an acquisition of interest in a holding or a part thereof sufficient to cause mutation, the Circle Officer of the concerned Circle shall initiate a mutation proceeding by giving an order in the respective case record for a detailed enquiry report from the Karmachari and Circle Inspector and shall cause the order to be communicated in Form-X to the Karmachari and Circle Inspector within two days.
(2)In case of mutation in a regular Court, the Circle Officer shall immediately issue general notice in Form-XI inviting objections from general public of the locality where the land or a part thereof is situated and specific notices in Form-XII inviting objections from the jamabandi raiyat from whose jamabandi the land is proposed to be deducted, transferee, transferor in case the jamabadi raiyat is not the transferor and all other persons who have interest in the land or a part thereof.
(3)The general notice shall be published by pasting it at the prominent places of the locality where the land or a part thereof is situated as well as by displaying it on the notice board of the concerned Panchayat Bhawan.
(4)The specific notice shall be served to the person against whom the notice has been issued or to the next of his kin. However, if he refuses to accept the notice, it shall be served by pasting it on the front door/wall of his residence and the person responsible for serving it will obtain signature of the panchayat representatives, village chowkidar and other local residents, to this effect as far as possible and that will be deemed to be the proper service of the notice.
(5)In case of service of notice to a minor or a person of unsound mind, the notice shall be served on the guardian of the minor or the person of unsound mind, as the case may be, in the manner as mentioned in the foregoing sub rule (4).
(6)The period of notice shall be of 14 days.
(7)The place, date and time, where on, which and when the case will be heard in the court of the Circle Officer shall be clearly shown in the notice.
(8)In case of mutation in a camp court, objections shall be invited in the camp itself by making announcement to this intention through loudspeaker and other means.
(9)The Karmachari shall make detailed enquiry about the land, verify it from revenue records and make local enquiry and shall submit detailed enquiry report in Form XIII to the Circle Inspector within 3 days of the communication of the order for enquiry.
(10)The enquiry report of the Karmachari in Form XIII shall contain detailed information of land in question including inter alia the following:-
(i)Mode of enquiry (local enquiry, verification from revenue records etc.);
(ii)Nature of land such as raiyati/Gair Mazarua Malik/Khas, Gair Mazarua Aam/Khas Mahal/Ceiling surplus/Bhoodan etc;
(iii)The instrument of transfer of land such as purchase, gift, succession, exchange, partition, settlement etc along with the details of the instrument;
(iv)Jambandi number, the name of the jamabandi raiyat and plot wise total area of the land in the jamabandi;
(v)Plot wise area of the land to be left in the jamabandi after mutation of the land in question;
(vi)Relation of the transferor with the jamabandi raiyat in case the jamabandi raiyat is not the transferor and the right of the transferor to transfer the land;
(vii)The coherence of previous deed (s)/order (s) annexed with the petition in the context of mutation;
(viii)Land being used for religious/social purposes such as temple/ mosque/burial ground/cremation ground etc;
(ix)Physical possession over the land;
(x)Pendency of Title Suit in the competent court concerning the land or a part thereof for the mutation of which petition has been filed;
(xi)Any other dispute.
(11)The Circle Inspector shall verify the enquiry-report of the Karmachari submitted in Form XIII and clearly record whether he agrees with the report of the Karmachari or not. The Circle Inspector shall also make recommendation with regard to maintainability of the mutation petition or its rejection to the Circle Officer and shall submit his report to the Circle Officer in the same Form XIII within 3 working days of the receipt of the enquiry report from the Karmachari.
(12)In case the Circle Officer is not satisfied with the enquiry report of the Karmachari and Circle Inspector, he may enquire the same himself in any manner he deems fit and shall record his findings in the case record along with the date of enquiry.Chapter-V Disposal