BISHWANATH SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS letters patent appeal is directed against the order of the learned Single Judge dismissing the writ petition, filed by the appellant herein.

(2.) THE facts, in short, leading to the present appeal are that the petitioner had filed W.P.C. No. 5520/2003 for quashing of Annexure -9 to the present appeal, i.e., the order dated 20th February, 2003, passed in Mutation Appeal No. 39/2000 -01, whereby the appeal preferred by the writ petitioner against the order dated 23.8.1996 passed by the Circle Officer, Jugasalai, Jamshedpur, in Mutation Case No. 298/1994 -95 rejecting his prayer for mutation, was dismissed by the Appellate Authority.

(3.) HE filed a Title Suit No. 107/1988 against Swarn Singh and others for declaration of right, title and interest over the aforesaid plot of lands and also for restraining the defendants from interfering with his possession. The said Suit was decreed ex -parte on 29.7.1989 from the Court of Additional Munsif. Thereafter, an execution case was filed by him for execution of the ex -parte decree in which the objection was filed by the TISCO but the said objection was rejected by the executing Court on 14.2.1990 against which the TISCO filed Civil Revision No. 62/1990, which was also dismissed on 9.4.1990. The petitioner thereafter, filed an application before the Circle Officer, Jugasalai for mutation of his name, which was registered as Mutation Case No. 298/1994 -95. The Circle Officer, by order dated 23.8.1996 rejected the prayer of the writ petitioner for mutation. The said order of the Circle Officer was challenged by the petitioner in appeal in Mutation Appeal No. 39/2000 -01 before the Deputy Commissioner, who vide his order dated 20th February, 2003, contained in Annexure -9 to the present appeal, dismissed the appeal and then the petitioner filed the writ application before this Court challenging the said order passed by the Circle Officer as well as the Appellate Authority.