KASHI NATH BAGARIA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE respondent Nos. 4 to 6 preferred to Mutation Case No. 252/97 -98 before the Circle Officer, Giridih for mutation of 2.10 acres of land appertaining to khata No. 12, Plot No. 49 of village Dangradih, district -Giridih which was rejected by the Circle Officer, Giridih vide order dated 13th August, 1997. Against the said order, mutation case No. 9/97 -98 was preferred by respondent Nos. 4 to 6 before the Additional Collector, Giridih which was also rejected on 11th June, 1998. It appears that mutation appeal No. 2/98 -99, thereafter, was preferred by the respondent Nos. 4 to 6 which was also dismissed on 23rd July, 1998 whereinafter mutation revision case No. 11/98 - 99 was preferred before Additional Collector, Giridih by those respondents. This revision case was allowed by the Additional Collector, Giridih vide order dated 4th January, 1999 against which mutation revision No. 9/99 was preferred by petitioner before the Commissioner, North Chotanagpur Division, Hazaribagh which was rejected by impugned order dated 27th August, 2000 on the ground that the second revision application was not maintainable. It was also mentioned in the revisional order that the party may move before the civil Court of competent jurisdiction.

(2.) ADMITTEDLY revision application was not maintainable before the Additional Collector, Giridih. In this respect one may rely on decision of this Court in Shankar Shukla v. State and Ors., reported in 2000 (3) PLJR 839. For the reason aforesaid the order dated 4.1.1999 passed in mutalion case No. 11/98 -99 cannot be upheld, being without jurisdiction.

(3.) ADMITTEDLY there is a disputed question of right and title involved in the case. One of party also sought for certain declaration regarding one sale deed,