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State of Bihar - Section

Section 6 in Bihar Land Mutation Act, 2011

6. Disposal of Mutation cases.

(1)The Circle Officer, on receipt of enquiry report from Karmachari and Circle Inspector in respect of the mutation petition or upon his own enquiry under section 5(5) of this Act, shall dispose of the mutation case in the prescribed manner after inviting objections in the manner prescribed, from persons having interest in the holding or a part thereof as well as general public either in a-
(a)Regular mutation court held in his office, or
(b)In camp courts organized for the disposal of mutation cases of the area where the holding or a part thereof is situated.
(2)On receipt of an objection, the Circle Officer shall give reasonable opportunity to the parties concerned to adduce evidence, if any, and of being heard and shall dispose of the objection and pass such order as he deems fit .
(3)Cases in which no objection has been received after the expiry of the last date of filing objections, the Circle Officer shall dispose them of by passing such order as he deems fit.
(4)Cases in which objections have been received, no order shall be passed unless the parties have been given reasonable opportunity of being heard.
(5)In case of rejection of a mutation petition, the Circle Officer shall record in the ordersheet the grounds on which it has been rejected and shall intimate the petitioner in the prescribed manner giving a brief account of the grounds on which the petition has been rejected.
(6)Cases in which mutations have been allowed, the Circle Officer shall issue correction slips to give effect to his orders for mutation in the prescribed form and intimate the petitioners in manner prescribed.
(7)[The Karamachari shall alter the entries in the continuous Khatiyan,, Tenants' Ledger Register/Jamabandi Register and Khesra Register of the Revenue Village in which the holding or a part thereof is situated reflecting the order for alteration given in the correction slip.] [Replaced by Bihar Act No. 22 of 2017, dated 4.9.2017.]
(8)[On the basis of the alteration effected in the entries of the Tenants' Ledger Register/Jamabandi Register the Karmachari shall alter the yearly demand of rent and cess of the concerning jamabandi.] [Replaced by Bihar Act No. 22 of 2017, dated 4.9.2017.]
(9)Mutation claimed on the basis of transfer through sale-purchase, gift or exchange, shall not be allowed unless it is registered.
(10)Mutation claimed on the basis of will, shall not be allowed unless probate of the will has been duly decided by the competent court.
(11)Mutation claimed on the basis of partition other than by the court or registered deed, shall not be allowed unless there is consent for partition by all co-sharers.
(12)Mutation of a holding or a part thereof shall not be allowed in cases in which Title Suit with regard to that holding or a part thereof is pending in the competent court.
(13)Mutation of a holding or a part thereof shall not be allowed in cases in which acquirer of an interest in the holding or part thereof does not have physical possession over that holding or a part thereof.Chapter - VI Appeal and Revision