BRAJ BHUSHAN DUBEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the State.

(2.) The present writ petition has been filed by petitioners for setting-aside the order dtd. 22/12/2022 passed by Chairman, Bihar Land Tribunal, Patna in BLT Case No.596 of 2019 by which the order dtd. 18/7/2019 passed by Collector, Kaimur in Mutation Revision No.77 of 2017 has been affirmed, wherein the Collector, Kaimur has set aside the order dtd. 14/9/2017 passed by Deputy Collector Land Reforms, Bhabua in Mutation Appeal No.15 of 2016-17.

(3.) Learned counsel for the petitioners submits that one Kalicharan Dubey who was the common ancestor, died leaving behind three sons, Prasidhan Dubey, Rajnath Dubey and Raj Narayan Dubey, and that after his death all the brothers had become separate in the year 1989 and came in the separate possession of their respective shares followed by Mutation Case No.221 of 1988-89. Counsel for the petitioners further submits that cause of dispute between the petitioners and private respondents is the property of one of the brothers Prasidhan Dubey who was unmarried and had acquired both partitioned and self acquired property during his lifetime. He had gifted both his partitioned property and self acquired property to his Sister-in-law (Bhabhi) Gheodhari Devi on 20/8/1986 and on 4/11/1991 by virtue of separate gift deeds in lieu of her services and care. He further submits that petitioners are the sons of said Gheodhari Devi. He submits that the property which Prasidhan Dubey had executed by virtue of two different gift deeds in the name of petitioners' mother in the year 1986 and 1991 were mutated in the name of petitioners' mother. Counsel for the petitioners submits that the said properties are situated in different Mauja and circle, therefore, different mutation cases were filed and allowed in her favour. Being aggrieved and dissatisfied with the said mutation orders, private respondent no.5 preferred Mutation Appeal Nos.34, 37, 38 and 39 of 1998 to get the mutation cancelled. The said litigation further resulted into Mutation Revision No.06 of 2000 and Mutation Revision No.07 of 2000 which private respondents lost, vide order dtd. 5/3/2005 passed by Collector, Kaimur. Thereafter, the said order had not been challenged by respondent no.5 before any Court and it acquired finality.