SUNDARIDEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) -In this application the petitioner has prayed for issuance of a writ of certiorari for quashing the order dated 21-5-1978 passed by the respondent No. 5 as contained in Anncxure-2 ; order dated 11-4-1981 passed by respondent No. 3 and as contained in Annexure-4 as also the order dated 16-8-1983 passed by the respondent No. 2 and as contained in Anncxure-5 to the writ application.

(2.) The fact of the matter lies in a very narrow campus. The petitioner is a purchaser of the land in question from respondent No. 11 (Smt- Baba Dai). The geneological table of the family of the petitioner is as follows :- <IMG>JUDGEMENT_37_BLJ1_1993Image1.jpg</IMG> According to the petitioner, Khublal Sah and Bhola Sah were separate. The petitioner has stated that the respondent No. 11 had sold the land in question by a registered sale deed dated 20-1-1976 and put in possession thereof. According to the petitioner, she sold O.46 decimels of land out of Khesra No. 1021 in favour of one Nathan Sah by a registered deed of sale dated 5-7-1976,

(3.) The petitioner, thereafter, through her husband filed an application for mutation before the respondent No. 5. The said application was dismissed by the respondent No. 4 by an order dated 21-5-1978 (Annexure-2) upon obtaining a report from the Karamchari. The Karamchari, inter alia, reported (Annexure-1) that the entire land belonging to the family measuring 7.73 acres had already been sold and lands in question had already been entered in Register II in the names of the said purchasers.