ISALAM MIAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) This Letters Patent Appeal has been filed by the appellants being aggrieved and dissatisfied by the order dtd. 29/8/2019 passed by the learned Single Judge in C.W.J.C. No. 17683 of 2019, whereby the learned Single Judge has dismissed the writ petition filed by the appellants and upheld the order of the learned Member (Judicial), Bihar Land Tribunal in B.L.T. Case No. 21 of 2018, whereby he affirmed the order dtd. 29/9/2017, passed by the Additional Collector, Kaimur in Mutation Revision Case No. 36 of 2014-15 and the order dtd. 25/4/2015 passed by the D.C.L.R. Mohania in Mutation Appeal No. 105 of 2014-15, whereby the names of respondent nos. 5 to 8 were ordered to be mutated.

(2.) The brief fact of this case is that the appellants claim their rights of occupancy tenancy being Bataidar of ancestors of vendors of respondent nos. 5 to 8, whereas respondent nos. 5 to 8 had got their names mutated over the land in dispute on the basis of sale deed from the lineal descendants of the recorded Raiyat. The matter has travelled thrice to this Court, but the up-to-date position is that the Bataidarirights of the appellants has not been adjudicated upon and is still sub-judice before the Bihar Land Tribunal in B.L.T. Case No. 155/2021 (still pending).

(3.) It is an admitted fact that the disputed lands are ancestral lands of vendors of respondent nos. 5 to 8.