GHANSHYAM MANDAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition arises from a mutation proceeding and the lands in dispute are 2.7411 acres, appertaining to a number of plots under deferent Khatas (fully described in para 4 of the writ petition), situate in village Barajore, Tola Chamaridih (Dhobipur), PS, Jhajha in the district of Jamui. The petitioner seeks to challenge the order, dated 9-12-1999 passed by the Add!. Collector, Jamui in Mutation Revision Case No. 43 of 1997-98. By the impugned order, the revision filed by Respondent No. 6 was allowed the orders passed in favour of the petitioner by the Deputy Collector Land Reforms (the appellate authority) and the Circle Officer (the original authority) were set aside and the disputed lands were directed to be recorded in the name of Respondent No. 6.

(2.) At first there appeared to be more than one reasons to allow the writ petition and to set aside the impugned order. First, the revision was filed before the Addl. Collector more than ten years after the order, sought to be revised was passed by the appellate authority. Secondly, after the order was passed by the Dy. Collector Land Reforms, at the appellate stage, Respondent No. 6 had filed a suit being T.S. No. 18 of 1986 with regard to the same disputed lands which was allowed to be dismissed for default by order, dated 30-11-1990. Thirdly, in passing the impugned order the Addl. Collector had cfearly adverted to the issue of title to the disputed lands, rather, than possession which may the only consideration in a dispute of mutation. It was fourthily submitted on behalf of the petitioner that the order passed by the Addl. Collector was unauthorised and without jurisdiction because under Section 16 of the Bihar Tenants' Holdings (Maintenance of Records) Act, 1973, the revision could lie only before the Collector of the district and not before the Addl. Collector.

(3.) I do not think there is much substance in this last submission for the simple reason that the mutation proceedings had commenced much before the coming into force of the provisions of the aforesaid Act in Jamui where the disputed lands are situated. The mutation proceedings in the case in hand had commenced in the year, 1983-84. At that time the provisions of the Act were made applicable only to Kharagpur Anchal of the district of Munger (of which Jamui used to be a part at that time) vide Notification No. 1049, dated 1-8-1978. To the rest of the areas of the State (including Jamui), the provisions of the Act became applicable from 18-1-1991.