Remanded
Punit Kumar Shrivastava v. The State of Bihar
Patna HCCWJC/21153/2019
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COURT OF JUDICATURE AT PATNA Civil Writ…
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21153 of 2019
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Punit Kumar Shrivastava Son of Late Prem Shankar Lal, Resident of Village -Amarpura, P.O.-Bilaudi, P.S. Mohaniya, District-Bhabhua (Kaimur).
... ... Petitioner/s
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr.Sanjay Kumar For the Respondent/s : Mr.Sajid Salim Khan (Sc25) ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 13-12-2019 Heard both sides.
order dated 16.05.2019 passed by learned Chairman, Bihar Land Tribunal in B.L.T. Case No.444 of 2018 by which the learned Chairman refused to interfere into the revisional order passed by the Additional Collector, Bhabua in Mutation Revision Case No.24/2017-18 and further to quash the order dated 10.06.2017 passed by D.C.L.R, Mohaniya in Mutation Appeal No.109/2015-16 by which the D.C.L.R set aside the order of the Circle Officer passed in Mutation Case No.298/2012-13 by
Patna High Court CWJC No.21153 of 2019(3) dt.13-12-2019 2/5
which the land of plot nos.134, 135 and 136 of khata no.233 situated in village Amarpura, P.S.-Mohaniya, District - Kaimur was ordered to be mutated in the name of the petitioner.
Patna High Court CWJC No.21153 of 2019(3) dt.13-12-2019 3/5
Patna High Court CWJC No.21153 of 2019(3) dt.13-12-2019 4/5
Therefore, the Circle Officer has patently committed illegality in passing the order to mutate the name of the petitioner in the record of rights without issuing notice to the person in whose name the record of rights is standing. It is submitted that in view of this fact, the matter should be remitted to the court of Circle Officer to hear both the parties and pass order afresh after keeping in view the pendency of the title suit filed by the petition in accordance with law.
Patna High Court CWJC No.21153 of 2019(3) dt.13-12-2019 5/5
perusal of the entire order sheets of Mutation Case No.298/2012-13, it appears that the Circle Officer passed patently illegal order without issuing any notice to the person in whose name the record of rights is standing. The D.C.L.R. on appeal condoned the limitation and set aside the order of the Circle Officer. Therefore, I find it just and proper to remit the case to the Circle Officer, Mohaniya at Bhabua to hear both the sides afresh and pass order in accordance with law on the petition of the petitioner taking into consideration the provisions of the Mutation Act as well as the pendency of the title suit filed by the petitioner within four months from the date of receipt of this order.
(Prabhat Kumar Jha, J)
Harish/-
U
Punit Kumar Shrivastava
The State of Bihar through Principal Secretary, Land Reforms and Revenue Department, Patna
The Principal Secretary, Land Reforms and Revenue Department, Patna
The District Magistrate, Kaimur at Bhabhua
The Executive Engineer, R.C.D. Road, Road Construction Division, Mohaniya, Bhabhua
The Addl. Collector, Bhabhua
Prabhat Kumar Jha
As recorded by the court registry
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