Bihari Sao @ Bhutali Sao v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5928 of 2014 ====================================================== Bihari Sao @ Bhutali Sao, S/O Late Sabaran Sao, Resident Of VillagePatul P.S. + District- Arwal, Presently Residing At Village- Arwal Sipah P.S. And District- Arwal .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The DCLR, Arwal, District Arwal

3. Sundar Sao @ Sudarshan Prasad, S/O Late Ram Prasad Sao, Resident Of Village- Arwal Sipah, P.S. And District- Arwal .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar, Adv. For the Respondent nos.1&2 : Mr. Shakib Ayaz, AC to GA-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 29-06-2016 The matter at issue is the mutation of the lands in question, fully detailed in the order impugned. Admittedly, with respect to the lands in question, Second Appeal No.198 of 2007 is still pending before this Court. By the impugned order dated 16.01.2012, Mutation Appeal Case No.16 of 2011 filed by the respondent no.3 has been disposed of and the proceeding has been dropped by the respondent D.C.L.R., Arwal on the ground of pendency of the aforesaid Second Appeal before this Court. In the aforesaid factual background of the case, this Court does not feel persuaded to interfere with the impugned order dated 16.01.2012 passed in Mutation Appeal Case No.16 of 2011 by the respondent D.C.L.R., Arwal. Accordingly, the writ petition is dismissed.

However, once the aforesaid Second Appeal No.198 of 2007 is decided by this Court, then the parties shall be at liberty to approach the revenue authorities for mutation of the lands in

Patna High Court CWJC No.5928 of 2014 (2) dt.29-06-2016 question in favour of the succeeding party.

(Birendra Prasad Verma, J) Arvind/- U