KALENDRA PRASAD MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present Letters Patent Appeal has been preferred against the order and judgment of the learned writ Court dated 15th September, 1999 passed in C.W.J.C. No. 5646 of 1990, by which the learned writ Court quashed the order of the Additional Collector, Purnea dated 17/18 April, 1990 in Mutation Revision Case No. 10/89 -90, by which he had set aside the order of the Deputy Collector, Land Reforms dated 28.6.89 and had restored the order of the AnchalAdhikri, Rupauli dated 3.5.1988 passed in Mutation Case No. 600/86 -87, by which the Anchal Adhikari had reviewed his earlier order of mutation in favour of the vendor of the writ petitioners and had ordered for mutation in the name of the private respondents 5 to 7 i.e. appellants in the present appeal.

(2.) THE question which arises for consideration is as to whether the Anchal Adhikari who had earlier passed an order of mutation in favour of the vendor of the writ petitioners could have reviewed his earlier order and directed for mutation in favour of the appellants i.e. respondents 5 to 7 of the writ application? The second question which is required to be adjudicated is that once right, title and interest had been decided in favour of the writ petitioners and the matter had been concluded by the findings of the civil court, whether the revenue authority could have acted contrary to the finding of the civil cout and re -opened the litigation, settled by the civil cout?

(3.) THE short facts are that the vendor of the writ petitioners namely Smt. Ram Kumari Devi filed T.S.No. 437 of 1962 for declaration of title, recovery or confirmation of possession and for correction of survey entry against the vendor of the appellants i.e. respondents 5 to 7 of the writ petition. The said suit was decreed by the trial court on 30.4.1969 in favour of Smt. Ram Kumari Devi. The title of the plaintiff i.e. Ram Kumari Devi was declared and her possession was also confirmed and it was further held that the survey entry was wrong. Father of respondents 5 to 7 to the writ application i.e. present appellants preferred an appeal being F.A.No. 135 of 1969 before the Subordinate Judge, Purnea. The said appeal was dismissed and thereafter the aforesaid Mithan Mandal filed S.A. No. 176 of 1975 before this Court. The second appeal was also dismissed by this Court on 17.12.1979. The civil court found the title and possession of Smt. Ram Kumari Devi over the land in dispute and the claim of father of the appellants i.e. respondents 5 to 7 of the writ application was rejected. The aforesaid Ram Kumari Devi filed an application for mutation of her name before the Anchal Adhikari, Rupauli who by his order dated 17.7.87 ordered for mutation of name of Ram Kumari Devi and thereafter the writ petitioners purchased the aforesaid land on 23.10.87 by a Maharani Fuels (P) Ltd. Versus State Of Bihar registered sale deed and were put in possession of the aforesaid land.