Indian Kanoon - Search engine for Indian Law

2. Learned counsel for the petitioner submits that the land in question [0.63 ¼ acre under Khata No.79 having several plots in the Village-Kadma] was jointly purchased by Satyadeo Singh (now deceased) and Braj Nandan Singh from the funds of Satyadeo Singh which was admitted by the respondent and even the Jamabandi was running in the joint name. Braj Nandan Singh died leaving behind Nawal Kishore Singh. An application was made by Nawal Kishore Singh (now deceased) for mutating the aforesaid land in Mutation Case No.218/1992-93 which was allowed vide order dated 2nd November, 1992 and an appeal being Appeal No.36 of 1993 was preferred before the respondent no.4 by which the order of mutation was set aside by an order dated 26th March, 1996. Thereafter a revision was preferred by Nawal Kishore Singh before the respondent no.2 being Mutation Revision No.72 of 1996 which was dismissed by order dated 5th March, 2002. Considering the fact that Khas Mahal Officer has no jurisdiction to mutate under revenue law, the order of mutation could not have been passed. Before the learned revisional court, the issue of Benami transaction was also raised upon which it was held that it can only be decided by the Civil Court and, therefore, the revision was dismissed and it was also held that the parties were at liberty to file civil suit. 2.1 The petitioner Ashok Kumar Singh son of late Satyadeo Singh made an application before the respondent no.6 to mutate his name in the land in question which was allowed vide order dated 10th May, 2003.

5.1. Aggrieved from the order dated 2nd November, 1992 passed by Khas Mahal Officer Mutation Appeal No.36 of 1993 was preferred before Additional Collector, Hazarribagh (the respondent no.4) by Satyadeo Singh against Manoj Kumar Singh and others. The said mutation appeal was decided by the respondent no.4 vide order dated 26th March, 1996 in which the order of mutation passed by the Khas Mahal Officer in favour of the legal heirs of Nawal Kishore Singh, despite his being alive was mutated, the same was set aside. This order is Annexure No.5 of the supplementary affidavit filed on behalf of the petitioner dated 19th March, 2024. From perusal of this order, it is found that the learned appellate court also observed that the mutation order passed by the Khas Mahal Officer was without any jurisdiction and in the Partition Suit No.102 of 1981, the defendant Manoj Kumar Singh has admitted that the land in question which was purchased by the plaintiff Satyadeo Singh by way of Benami transaction in the sale, the Braj Nandan or his legal heirs have no right or interest. In arbitration, it was also held that whole of the land in question was handed over to Satyadeo Singh. Accordingly, in view of above, the jamabandi in the name of legal heirs of Braj Nandan Singh was cancelled.

7. In the meantime, Ashok Kumar Singh son of Satyadeo Singh had moved an application being Mutation Case No.413 of 2003-04 before the Circle Officer, Hazaribag for mutating his name in the land in question and this mutation was allowed vide order dated 10th May, 2003. This mutation order is Annexure SA-1 of the supplementary affidavit dated 28th November, 2023 filed on behalf of the petitioner. From this very order, it is found that proper publication and proclamation was made as per revenue rules for service to the opposite parties and taking into consideration all the orders which were earlier passed in Mutation Appeal No.36 of 1993 and Mutation Revision No.72 of 1996, the learned Circle Officer ordered to cancel the name of Manish Kumar Singh son of Nawal Kishore Singh from jamabandi and the name of Ashok Kumar Singh son of Satyadeo Singh was ordered to be mutated in regard to the land in question in jamabandi.

13. From perusal of the impugned orders, it is found that the learned appellate court and the revisional court by passing the impugned orders have held that the title suit was pending between the parties, therefore, the order passed by the learned Circle Officer, Hazaribag in Mutation Case No.418 of 2003-2004 was illegal and restored the order of Jamabandi in favour of the respondents, the legal heirs of Braj Nandan which was mutated by Khas Mahal officer in Jamabandi. The mutation order which was illegal without jurisdiction passed by the Khas Mahal Officer, the same was sanctified by the