KEDAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 4.9.1990, contained in Annexure -1, passed by the Special Officer, Bihar Municipality (respondent no. 2) in Mutation Case No. 12/1990 -91 by which the eariier order dated 7.1.1969 passed by his predecessor in Case No. 416/220 of 1967 -68 has been reviewed and recalled and has accorded the approval for recording the name of respondent no. 3 in the register of Municipality with respect to Holding Nos. 514 and 515 of Ward No. 5.

(2.) IN short, the case of the petitioner is that his name has been entered in Municipal register of the Bihar Municipality Bihar Sharif as occupier and holder of Holding Nos. 514 and 515 in Ward No. 5 of Mohalla Laheri, Town Bihar Sharif and is coming in possession since last several decades. According to the petitioner, in the assessment register of the Municipality of the year 1943 -44 joint name of Smt. Laxmi Devi and Smt. Sheo Kumari Devi, both daughters of Gopi Singh was entered and Laxmi Devi is the aunt of the petitioner. In the register of assessment year 1960 -61, Holding No. 514 was recorded in the name of Kedar Singh, the petitioner. The petitioner and his aunt Laxmi Devi got a notice with regard to Holding No. 314 (old) and 514 (new) and annual rental was fixed after final assessment was made in their favour.

(3.) WHILE admitting this writ petition on 14.2.1991 a Division Bench of this Court stayed operation of the impugned order contained in Annexure 1.