Civil Writ Jurisdiction Case No.1132 of 2011
Vijay Kumar Vishwakarma
Versus
1. The State Of Bihar
2. The Collector, Bhagalpur
3. The Deputy Collector Land Reforms, Naugachhia, P.S. Naugachhia, District
Bahgalpur
4. Anchal Adhikari, Naugachhia, P.O. And P.S. Naugachhia, District Bhagalpur
5. Most. Raj Kumari Devi
Versus
1. The State Of Bihar
2. The Collector, Bhagalpur
3. The Deputy Collector Land Reforms, Naugachhia, P.S. Naugachhia, District
Bahgalpur
4. Anchal Adhikari, Naugachhia, P.O. And P.S. Naugachhia, District Bhagalpur
5. Most. Raj Kumari Devi
In this case respondent no. 5 had
approached the Circle Officer for mutation of her name in respect of
the land appertaining to khata no. 214, khesra no. 344, measuring 1185 Sq. Ft.
approached the Circle Officer for mutation of her name in respect of
the land appertaining to khata no. 214, khesra no. 344, measuring 1185 Sq. Ft.
The said application was allowed and name of the respondent no. 5 was directed to be recorded in the revenue record.
The petitioner after noticing about the impugned order approached the D.C.L.R. assailing the order of the Circle Officer mainly on the ground that without valid notice to the petitioner order of mutation was passed by the Circle Officer that too in a camp court.
It was pleaded that long back the said land was already transferred to the
petitioner and his family members through registered sale deed by the
father -in -law of the respondent no. 5 and in the plot in question no portion of land was available in the name of the respondent no. 5, nor respondent no. 5 were in possession over the land in question.Before the learned D.C.L.R. a plea was taken on behalf of the respondent no. 5 that her father –in- law had executed a will and on the basis of said will, mutation was prayed for and same was allowed. The learned D.C.L.R. noticed that the said will was not confirmed in a probate proceeding and in absence of any confirmation the Circle Officer was not authorized to entertain the application for mutation.
petitioner and his family members through registered sale deed by the
father -in -law of the respondent no. 5 and in the plot in question no portion of land was available in the name of the respondent no. 5, nor respondent no. 5 were in possession over the land in question.Before the learned D.C.L.R. a plea was taken on behalf of the respondent no. 5 that her father –in- law had executed a will and on the basis of said will, mutation was prayed for and same was allowed. The learned D.C.L.R. noticed that the said will was not confirmed in a probate proceeding and in absence of any confirmation the Circle Officer was not authorized to entertain the application for mutation.
Hon’ble Court Held :
On perusal of the order of the Circle Officer, the court is satisfied that same was passed without notice to the petitioner. Nothing has been indicated as to whether any proper step was taken for service of notice on the concerned parties.
The order of the Circle Officer even does not indicate as to whether along with petition for mutation any document was filed to corroborate the title and possession of the respondent no. 5.
The order of the Circle Officer even does not indicate as to whether along with petition for mutation any document was filed to corroborate the title and possession of the respondent no. 5.
Virtually, the order was passed in a camp court, which appears to be violative of the principle of natural justice.
Moreover, the stand which was taken
before the appellate authority that mutation was applied on the basis
of a will of deed, the court is of the opinion that unless the will was
confirmed in a probate proceeding by the court of competent jurisdiction, in normal course, the learned court was not required to take notice of such plea.
before the appellate authority that mutation was applied on the basis
of a will of deed, the court is of the opinion that unless the will was
confirmed in a probate proceeding by the court of competent jurisdiction, in normal course, the learned court was not required to take notice of such plea.
In view of the facts and circumstances, the writ petition stands allowed
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