MAHINDER SINGH Vs. GIRIDIH MUNICIPALITY

JUDGEMENT

(1.) Heard learned counsel for the petitioners and respondents-Municipality as well as private respondent. The order impugned in the present writ application is dated 9.2.2003 passed by the then Special Officer, Giridih Municipality whereby the assessment list containing the name of the petitioner has been directed to be amended on an application filed by the respondent no. 4, Mansoor Khan purportedly under the provision of Section 107(1)(b) of the Bihar & Orissa Muncipal Act, 1922 (now adopted by the State of Jharkhand).

(2.) The contention of the petitioner is that he purchased the said properties by a registered sale deed dated 8.1.1965 from one Jiwa Devi who had herself purchased the property in question by registered sale deed dated 18.5.1954 executed by the erstwhile owner Hari Jaiswal. The said piece of land was 8 decimals together with the Khapraposh structures standing therein comprised within old holding no. 97 new holding no. 117 of Giridih Municipality and comprised within M.S. Plot No. 855 situate at Buxidih Road Bhandaridih, Giridih. The contention of the petitioner is that Jiwa Devi got her name mutated on such conveyance in her favour by filing an application before the respondent Giridih Municipality, who passed an order to open a demand in the register in the name of Jiwa Devi in the year 1957-58. It is further submitted that Jiwa Devi submitted a building plan for approval before the respondent municipality and the same was duly passed by the Giridih Municipality vide order dated 17.4.1963 (Annexure-2) and she constructed a pucca building and continued in possession and continued to pay Holding Tax to the Giridih Muncipality against which receipts were issued (Annexure-3). Pursuant to the registered sale deed dated 8th January, 1965 the property in question was transferred to the mother of the present petitioners, who have been substituted on her death during the pendency of the instant writ application. Smt. Kulwant Kaur mother of the present petitioners got her name entered by mutation invoking provisions of Section 107 of the Bihar and Orissa Municipal Act, 1922 in place of the erstwhile owner Smt. Jiwa Devi and her name was duly entered in the demand register. It is the case of the petitioner that Kulwant Kaur became an assessee under the respondent municipality in the year 1967 in respect of property in question. The respondent-Municipality without any objection from anyone realised holding tax till an application was preferred by the private respondent before Special Officer, Giridih Municipality in the year 2002. It is submitted on behalf of the petitioner that as per the order impugned contained at Annexure-12 itself it would appear that the Special Officer, Giridih Municipality had given only three days' time to the petitioner to produce all documents in support of her claim and whereafter without giving adequate opportunity to the petitioner, proceeded to substitute the name of the petitioner by private respondent no. 4, Mansoor Khan. Learned counsel for the petitioner also submits that the exercise undertaken by the respondent-Special Officer, Giridih Municipality was without jurisdiction as the private respondent staked his claim over disputed question of title raised by him and provisions of Section 107(1)(B) of the Bihar and Orissa Municipal Act, 1922 could not be available to him as the same is available to the person who succeeds by transfer or otherwise to the ownership or occupation of the holding in question for substituting his name in place of owner or occupier.

(3.) Learned counsel for the petitioner has relied upon a decision of the (sic) in the case Tetar Mandal Ors. vs. Executive Officer & Ors.,1978 BPSG 530.