STATE OF BIHAR, DISTRICT MAGISTRATE AND CIRCLE OFFICER Vs. KAILASH KUMAR AGARAWAL SON OF LATE MOTI LAL AGARAWAL

JUDGEMENT

(1.) Heard learned Counsel for the appellants. Nobody appears on behalf of the sole respondent although name of his counsel appears in the daily cause list.

(2.) By the order under appeal, the learned Single Judge has allowed writ petition preferred by the sole respondent and has directed that name of the writ petitioner be mutated with respect to the land in question for which an order had been passed by the Circle Officer, Patna Sadar, Patna on 18.7.1982 in Mutation Case No. 890 of 1982-83. It is relevant to record here that according to learned Counsel for the appellants the order of the Circle Officer is actually dated 6.8.1982 and only recommendation for mutation was made by Circle Inspector on 18.7.1982. He has advanced this submission on the basis of Annexure- C to the writ petition. Be that as it may, the main issue in this appeal is whether the State can ignore the order for mutation passed by the Circle Officer either on 18.7.1982 or 6.8.1982 on the ground that land in question has been subsequently found to be "Gair Majaruwa Aam" land as per relevant Khatian. The other issue is whether the order of the Writ Court directing for mutation of the name of the writ petitioner in respect of land in question is a proper order or requires interference.

(3.) Only for the purpose of record it is indicated that as per petitioner s case his father Motilal Agrawal along with one Awadh Behari Singh had purchased land of Tauzi No. 5806, Khata No. 769, Plot No. 1220 measuring 3 Kathas 11 Dhurs and 14 Dhurkis from Most. Godhani Devi through a sale deed dated 22.6.1981 (Annexure-1 to the writ petition). Subsequently, the petitioner purchased land in the share of Awadh Behari Singh through another sale deed dated 30.11.1981 (Annexure-2 to the writ petition). Thereafter, writ petitioner s father applied for mutation vide Mutation Case No. 890 of 1982-83 before the Circle Officer, Patna who allowed the claim for mutation on 6.8.1982 after obtaining reports from the Karmchari and the Circle Inspector concerned.