DAROGA LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD.

(2.) THE petitioner herein has moved this Court for quashing the order dated 19-12-1988 passed by the Chief Executive Officer, Patna Municipal Corporation, Patna, THE impugned order is one purportedly made in exercise of the appellate power by the Chief Executive Officer, who has set aside the order of the Executive Officer of the Corporation by which order he had allowed the application of the petitioner to remove the name of respondent No. 4 from the Municipal Assessment roll and to enter the name of the petitioner.

(3.) THE petitioner has alleged that to avoid any controversy, as to the title to the property, Sukhdeo Rai executed a Bazidawa on 13-2-1978 in favour of the petitioner. THE petitioner there after applied for entering his name into the records of the Patna Municipal Corporation, as aforementioned. THE case was heard by the Executive Officer, Patna City Municipality. THE Executive Officer after completing all the formalities found that the petitioner's claim was genuine and accordingly ordered for mutation of his name, vide order dated 27-6-1988. It appears that respondent No. 4 also in the mean while applied for mutation of his name. His application also was heard by the Executive Officer alongwith the case of the petitioner. THE Executive Officer rejected the application of respondent No. 4 by the same order. Respondent No. 4 thereafter filed an appeal before the Chief Executive Officer on 26-8-1988 alongwith a petition under Section 5 of the Limitation Act for condoning the delay in filing the appeal. THE Chief Executive Officer, however, found merit in the case of respondent No. 4 and accordingly allowed the appeal, set aside the judgment and order of the Executive Officer and ordered for mutation of the name of respondent No. 4 instead of the name of the petitioner. THE petitioner has come to this Court against the said order of the Chief Executive Officer.