Patna High Court - Orders
Mahendra Yadav @ Mahendra Pd.Y vs The State Of Bihar & Ors on 6 April, 2009
Author: Mridula Mishra
Bench: Mridula Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
C.W.J.C. No.2583 of 2008
Mahendra Yadav @ Mahendra Prasad Yadav, son of
Mehilal Yadav, resident of v illage Manuhalla Patti,
P.S. Bhargema, district Araria .. Petitioner
Versus
1. The State of Bihar through Collector, district Araria
2. The Circle Officer, Bhargama Block, district Araria
3. Khikhar Paswan
4. Badri Paswan
5. Radhe Paswan
All sons of late Samhar Paswan, resident of village
Bangiyahi, P.S. Raniganj, district Araria
.. Respondents 1st Set
6. Ramanand Yadav
7. Suresh Yadav
Both sons of Mehi Lal Yadav
8. Birendra Yadav, son of Sukhdeo Yadav
All residents of village Manullah Patti, P.S. Bhargama,
District Araria .. Respondents 2nd Set
****
/2/ 06.04.2009 Heard the counsel for the petitioner and the State.
2. This application has been filed for quashing the order, dated 31.07.2007, passed by the Collector, Araria, in Miscellaneous Case No. 4 of 2005-2006, whereby the order, dated 30.05.2005, passed by the Deputy Collector, Land Reforms, in appeal and the order passed by the Circle -2- Officer, Forbesganj, in mutation case has been set aside. Petitioner's case is that he respondents have filed an application before the Circle Officer for mutating their names with respect to the land of khata no. 51, plot no. 114, mauza Tonaha, but, the same was rejected against which they preferred miscellaneous appeal before the Deputy Collector, Land Reforms, Forbesganj, which was also dismissed by order, dated 30.05.2005. The respondents, thereafter, preferred Revision Case No. 4 of 2005-2006 which has been allowed by order, dated 31.07.2007, and a direction has been issued to the Circle Officer to restore Jamabandi in the name of father of respondents first set.
Considering the fact that the order of mutation neither creates right or title in favour of any one, the petitioner in case of any grievance can approach the Civil Court for declaration of right, title and interest over the property under dispute and, thereafter, can approach the revenue authorities for creating Jamabandi in his name.
This application is dismissed.
( Mridula Mishra, J.) Cp:2/S.A.