SK. AZIRZUR RAHAMAN Vs. TAHASILDAR AND ORS.

JUDGEMENT

(1.) HEARD Mr. S.N. Sharma, learned counsel for the petitioner, Mr. J.R. Dash, learned counsel for opposite party No. 2 and the learned State Counsel for opposite party No. 1.

(2.) ORDER dated 20.01.2005 passed by the Tahasildar, Dharmasala in OLR Case No. 214 of 2004 -05 (under Section 8A of the OLR Act) (Annexure -5), has been assailed in this writ application on the ground that conversion of the part of the disputed plot and recording the said part in the name of opposite party No. 2 separately by way of mutation has been made and that too without notice to the petitioner, who is the co -owner of the property.

(3.) WITHOUT there being a partition between the co -owners of the property none of them alone could file a petition for conversion without impleading the other as opposite party. Since the record stands jointly in the name of the petitioner and opposite party No. 2, the Tahasildar also could not have passed order for conversion of part of the plot without affording opportunity of hearing to the present petitioner. That apart, in the absence of partition, the Tahasildar cannot of his own whim convert half of the plot and make a separate khata of the same which may not be agreeable to the petitioner.