BISWANATH SAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) In pursuance to the order dtd. 3/7/2023 passed by this Court, Mr. Rajesh Kumar, Advocate, and Mr. Gaurav Kumar, Advocate are appearing as Amicus Curiae on behalf of the petitioner and the private respondent respectively whereas Mr. Prabhakar Jha, learned GP -27, assisted by Mr. Umesh Narain Dubey, learned AC to GP-27 is appearing on behalf of the State-respondents.

(2.) The present writ petition has been filed for setting aside the orders dtd. 29/12/1997 (Annexure-1), 2/5/1997 (Annexure-2), and 1/11/1993 (Annexure-3) passed by respondent No.3, namely, the Additional Collector, Muzaffarpur, respondent No.4, namely, the Deputy Collector Land Reforms, Muzaffarpur and respondent No. 5, namely, the Circle Officer, Minapur respectively in connection with Mutation Revision Case No. 13 of 1997-98, Mutation Appeal No. 29 of 29/96-97 and Mutation Case No. 347 of 93-94 respectively.

(3.) Learned Amicus Curiae for the petitioner submits that the petitioner has sold his land appertaining to Khata Nos. 367 and 176, Plot Nos. 413 and 178 total area 2 katha to private respondent No.6, namely, Baidnath Sah through registered sale deed No. 11154 dtd. 5/6/1989. He further submits that upon registration of the sale deed, respondent No. 6 did not pay the consideration amount to the petitioner and, therefore, the petitioner has executed another deed dtd. 23/6/1989 by which he has cancelled the earlier sale deed dtd. 5/6/1989. As a result of which, private respondent No.6 could not acquire title in his favour but filed Mutation Case No. 347/1993-94 for the land appertaining to Khata No. 367, Plot No. 134 situated at Village -Khanejadpur in which final order has been passed on 1/11/1993 and on the basis of the said sale deed No.11154 dtd. 5/6/1989 mutation was allowed in favour of the private respondent and subsequently, Jamabandi was opened in his name.