MUNSHI SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition, the petitioners have prayed for quashing the order dated 30th May, 2007 passed in Mutation Revision Case No. 101 of 2005, whereby the revisional authority upheld the order of the appellate authority dated 4th February, 2006 passed in Mutation Appeal Case No. 7 of 2003 -04.

(2.) ACCORDING to the petitioners, the Circle Office after thorough consideration of the facts and documents on record came to the conclusion about the share of Akal Sao and Dhanua Devi and on that basis passed his order allowing the mutation in favour of the petitioners. The respondent No. 5 challenged the said order before the Land Reforms Deputy Collector, Ramgarh, Hazaribagh, who erroneously held that the Circle Officer has no jurisdiction to pass the said order and arbitrarily allowed the appeal of the respondent No. 5. The petitioners, thereafter, preferred revision before the Deputy Commissioner, who has upheld the order of the appellate authority by the impugned order.

(3.) LEARNED JC to SC (L and C) appearing on behalf of the State -respondents contested the petitioners' claim and submitted that the revenue officer has no jurisdiction to decide a dispute regarding partition on the basis of title, which was done erroneously by the Circle Officer and that the appellate authority as well as revisional authority have rightly not upheld the order of the Circle Officer.