MD.HASIM S/O MD.QUASHIM RESIDENT OF MOHALLA-SHAKMAT KALAN Vs. STATE OF BIHAR THROUGH COMMISSIONER, URBAN DEVELOPMENT.GOVT.OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Standing Counsel -V for the State. None appeared for respondent nos. 4, 5 and 6 despite service of notice and though respondent nos. 5 and 6 have appeared by filing vakalatnama.

(2.) IT is made clear that the State has earlier received notice on behalf of respondent nos. 1 to 3 which includes Nagar Parishad, Biharsharif which is now a Municipal Corporation but no counter affidavit has been filed on behalf of the respondents till date. The writ petitioner is aggrieved by the order dated 5.5.2003 passed by respondent no. 3, whereby his petition for mutation of his name in place of his mother with regard to portion of Holding has been refused.

(3.) THE property in question Holding No. 924 (old) 854 (new), ward no. 7 (old) 12 (new) originally belonged to one Rabina Khatoon who distributed the Holding through a Khangi Taksimnama between her four sons on 15.6.1999 itself. The petitioner filed a petition under Section 108(2) of the Bihar and Orissa Municipal Act, 1922 (hereinafter referred to as 'the Act '), wherein the Executive Officer has been empowered under Section 107(i)(b) of the Act to pass order regarding mutation of holdings. It is submitted that one of the brothers supported the case while two of them opposed on the ground that the aforesaid partition was not actually affected upon and the petitioner was not in possession of the part of the property rather the same remained vacant one. The Executive Officer concerned had found that part of the Holding which had been given to the petitioner was completely vacant and was not in exclusive possession of the petitioner. Therefore, he refused to pass any order of mutation in favour of the petitioner and held that he may move before the court of competent jurisdiction for remedial measure.