STATE OF JHARKHAND Vs. ARJUN DAS

JUDGEMENT

(1.) THIS appeal at the instance of the appellant - The State of Jharkhand is directed against the judgment and order dated 22.8.2003 passed in WP (C) No. 5126 of 2002 whereby the learned single Judge directed the appellants to mutate the name of the petitioner -respondent in respect of the land in question.

(2.) THE fact of the case lies in a narrow compass.

(3.) MR . Shamim Akhtar, learned S.C. -II submitted that the Circle Officer while considering the application for mutation is empowered to consider atlas the prune facie title of the petitioner besides possession of the land. According to the learned counsel, when transfer itself is illegal and void mutation of the land in favour of the transferee can be refused. Learned counsel relied upon the decision of the Supreme Court in the case of Lincari Garmango v. Dayanidhi Jena reported in 2004 (3) PLJR 212