KAMRU YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned senior counsel appearing on behalf of the petitioners, the learned AC to GP 13 appearing on behalf of the respondent nos. 1 to 4 as also the learned counsel appearing on behalf of the respondent no.5. However, despite valid service of notice, respondent no.6 has chosen not to appear and contest the matter.

(2.) The matter in issue is the claim of the parties for mutation of their names with respect to the lands in question, fully detailed in paragraphs 4 to 6 of the writ petition.

(3.) It is an admitted case of the parties that the respondent no.5 filed Mutation Case No. 77 of 1991-92 before the respondent Anchal Adhikari, Banka, which was finally allowed by order dated 12.02.1992, which has been brought on the record as Annexure-3 to the supplementary affidavit filed on behalf of the petitioners. According to the learned senior counsel appearing on behalf of the petitioners, respondent no.6 Chamru Yadav and his other brothers, being aggrieved by the aforesaid order passed by the Anchal Adhikari, Banka, preferred Mutation Appeal Case No. 5 of 1994-95 before the respondent D.C.L.R., Banka raising a plea that the original order passed by the Anchal Adhikari, Banka is in complete violation of rules of natural justice; and without giving any opportunity of hearing to the appellants of that appeal, final order was passed by the Anchal Adhikari, Banka. The aforesaid mutation appeal case was finally heard and was disposed of by order dated 10.06.2004 (Annexure-1). By the aforesaid appellate order dated 10.06.2004 (Annexure-1), order passed by the Anchal Adhikari, Banka was set aside on the ground of violation of the rules of natural justice as also on the ground of violation of the provisions of The Bihar Tenants Holdings (Maintenance of Records) Act, 1973 (in short "the Act, 1973") and the matter was remitted back to the original authority i.e. the Circle Officer, Banka with a direction to hold spot enquiry personally on the point of possession and pass a fresh order regarding mutation of names of the parties with respect to lands in question.