VIJAY LAKSHMI KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ petition is pending for the past three decades, on a small area of controversy.

(2.) The premises bearing No. 413/85A on Boring Canal Road at Patna city was held by Pt. Satyananda Kumar. He is said to have died on 11.03.1978. In the context of recording of ownership in respect of the property, an application was filed in the name of the petitioner and his three brothers before the Executive Officer of the Patna Municipal Corporation (for short 'the Corporation'). The contention of the petitioner is that his signature was forged and the application was, in fact, filed by Respondent Nos. 3 to 5. The Executive Officer passed order dated 30.06.1983 accepting the contention and caused mutation of entries in the property register, accordingly.

(3.) The petitioner filed an appeal before the Chief Executive Officer of the Corporation, the 2nd Respondent, feeling aggrieved by order dated 30.06.1983. The Chief Executive Officer in turn is said to have entrusted the matter to the Deputy Chief Executive Officer of the Corporation. Through his order dated 06.07.1985 the Deputy Chief Executive Officer of the Corporation allowed the appeal and set aside the order dated 30.06.1983.