BHOLA SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ petition arises from a mutation proceeding which seems to have taken a very curious and chequered course. In fact under the guise of a simple proceeding for mutation, the parties are fighting for control and possession over certain land. In course of the proceeding one side seems to be committing a series of follies of which the other side tries to take advantage.

(2.) PETITIONER no. 1, Bhola Sah is the father of petitioners 2 to 5 and he is the own brother of Jagdish Sah who was originally impleaded as respondent no. 4. Jagdish Sah died during the pendency of this writ petition and he was substituted by his heirs and legal representatives. Petitioner Bhola Sah and the deceased respondent no. 4, Jagdish Sah had a third brother, namely, Bauku Sah who died issueless. According to the petitioners, he had executed a sale deed of the lands held by him in favour of petitioners 2 to 5 and that sale deed formed the basis of the petitioners&apos claim over the disputed land. They made an application for mutation in respect of the lands of Bauku Sah on the basis of the sale deed said to have been executed by him in their favour. The petition was registered as Mutation Case No. 111B of 1989 -90 before the Anchal Adhikari, Banmankhi and by order, dated 12.9.1989 the Anchal Adhikari allowed their request for entering their names in the revenue records in respect of the disputed land.

(3.) WITHOUT commenting upon the allegations made by the respondents with regard to collusive and fraudulant nature of the order, dated 12.9.1989, this much is undeniable that in Mutation Case No. 111B of 1989 -90 only a general notice was issued. Jagdish Sah or the other heirs and legal representatives of Bauku Sah were not made party to the proceeding and no notice was issued to them.