BAL GOBIND YADAV Vs. RAMCHARITRA DUBEY

JUDGEMENT

(1.) This writ petition is directed against an order, as contained in Annexure-1 to the writ petition, dated 15-4-1982 passed by respondent No. 3 in Mutation Case No. 148 of 1980-81, whereby and whereunder the name of respondent No. 1 was mutated in respect of holding No. 341, Ward No. 7 situated in the Bihar Municipality in the District of Nalanda.

(2.) The facts of this case lie in a very narrow compass are not very much disputed. The name of the Nawal Kishore Tiwary was entered in the registers of the Municipality after the death of his father. He was respondent No. 2 in this writ application but by order dated 15-10-1982 his name was permitted to be expunged. The petitioner purchased the property by a registered sale deed dated 30th October, 1981, from the respondent No. 2.

(3.) It is stated that respondent No. 1 filed an application before respondent No. 3 sometimes in 1965-66 and on production of a bogous and fabricated sale deed of 1920 allegedly executed by the grand-father and grand-uncle of Nawal Kishore Tiwary in favour of the father of respondent No. 1 and got his name mutated in the register maintained by the Municipality. Nawal Kishore Tiwary having came to learn of the same filed an application and by an order dated 31-3-1981 and after hearing the parties, the respondent No. 3 directed that the name of the respondent No. 2 in the assessment list in respect of the aforementioned holding be mutated in place of the respondent. No. 1. The aforementioned order is contained in Annexure-3 to the writ application.