MOHAN SAHU Vs. STATE OF BIHAR & ORS.

JUDGEMENT

(1.) As both the cases are connected, they were heard and are being disposed of by this common order.

(2.) In both these writ petitions, petitioner has challenged the order dated 30-6-1993, passed by the Circle Officer, Gumla and the appellate order dated 21-4-1997, passed by the Additional Collector, Gumla, in mutation proceedings. Under the impugned orders, petitioner's objection to the application for mutation, was rejected on the ground that Lohra Sahu (respondent No. 5) was in possession.

(3.) Petitioner's case is that Lohra Sahu lost up to the High Court in the preemption proceedings against the petitioner and accordingly a sale deed was executed in his favour by LRDC, Gumla on behalf of Lohra Sahu and the possession was handed over to the petitioner. But to circumvent his defeat he procured the impugned orders, which have been passed without considering the aforesaid position, though in the first appeal, LRDC passed order in favour of the petitioner on considering the aforesaid position.