JANKI SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Narayan Singh, learned senior counsel appearing on behalf of the petitioners and Mr. Rajeev Kumar Singh, learned Government Pleader No. 2 for the State.

(2.) Though private respondent nos. 4 and 5 have registered appearance through counsel but there is no representation on their behalf when this matter is taken up for hearing and is being disposed of by this judgment.

(3.) The two petitioners by this writ petition filed under Art. 226 of the Constitution of India have prayed for issuance of a writ in the nature of certiorari for quashing the order dated 12.5.1997 passed by the Deputy Collector, Land Reforms, Saran at Chapra ('DCLR' for the sake of brevity) in Jamabandi Correction Case No. 1 of 1996-97, whereby the jamabandi running in the name of the petitioners has been cancelled to be opened in the name of the private respondents. A copy of the order is placed at Annexure-5 to the writ petition. The petitioners have also questioned the order dated 13.11.1997 passed by the Additional Collector, Saran at Chapra in Mutation Revision No. 5 of 1997, whereby the appeal (revision) preferred by the petitioners has been dismissed and the second revision arising from Mutation Revision No. 73 of 1997-98 preferred by these petitioners before the Commissioner, Saran Division has also been rejected on grounds of maintainability in view of the deletion of section 17 from the Bihar Tenant Holdings (Maintenance of Records) Act, 1973. A copy of the orders passed by the Additional Collector and the Divisional Commissioner are present at Annexures 6 and 7 respectively.