SHOBHA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned counsel for the State as well as learned counsel appearing on behalf of respondent no.5. Nobody appears on behalf of respondents no.6 to 11.

(2.) The petitioners have filed this writ petition against the order dtd. 23/9/2015, passed by learned Member (Administrative), Bihar Land Tribunal, Patna in BLT Case No.822 of 2014 by which the learned Member set aside the order dtd. 16/7/2009, passed by Deputy Collector Land Reforms, Patna Sadar in Mutation Case No.26/2008-2009 and the order dtd. 28/8/2014, passed by the Additional Collector, Patna in Mutation Revision Case No.27/2009- 10 and thereby allowing the mutation recorded in the name of Kamla Devi, respondent no.5 in the Record of Rights with regard to Plot No.336 of Khata No.334 area 12 decimals and Plot No.327 of Khata No.343 area 15 decimals.

(3.) The facts, which are relevant for disposal of this writ petition can be summarized as follows: Prema Mahto got four daughters, namely, Somaria Devi, Rajpatia Devi, Dhanpatia Devi and Rajiya Devi. Petitioners are the legal heirs of Rajiya Devi and respondent no.5, Kamla Devi is the grand daughter of Dhanpatia Devi, one of the daughters of Prema Mahto. Respondents no.6 to 11 are the legal heirs of other three daughters. Rajpatia Devi and others filed Mutation Case No.458/2008-2009 for mutating the names of all the four daughters of Prema Mahto in the Record of Rights with regard to the land standing in the name of Prema Mahto but the Circle Officer, Patna Sadar rejected the petition on 13/7/2008. Rajpatia Devi and others filed Mutation Appeal No.26/2008-09 before the DCLR, Patna Sadar. The DCLR, Patna Sadar vide order dtd. 16/7/2009 directed the Circle Officer to record the names of all the four daughters of Prema Mahto in the Record of Rights with regard to all the lands recorded in the name of Prema Mahto. Respondent no.5 filed Mutation Revision Case No.27/2009-10 before the Additional Collector, Patna and the Additional Collector, Patna dismissed the revision of the respondent no.5 vide order dtd. 28/8/2014. Kamla Devi, respondent no.5 filed BLT Case No.822 of 2014 and the learned Member Administrative held that the land record in the name of Kamla Devi was on the basis of oral gift deed by his maternal grandmother and has wrongly been recorded in the name of all the daughters and legal heirs of the daughters of Prema Mahto and accordingly set aside the order of the appellate court as well as the revisional court.