Krishna Kumar Singh Arya @ Heera Lal Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.307 of 2019 In Civil Writ Jurisdiction Case No.1305 of 2019 ====================================================== Krishna Kumar Singh Arya @ Heera Lal Yadav S/o Late Keshwar Prasad Yadav@ Keshwar Singh Yadav, R/o-Village- Telhara, P.O. and P.S.- Telhara, Anchal- Ekangarsarai, Distt.- Nalanda ... ... Appellant/s

Versus

1.

The State of Bihar, through the Principal Secretary, Land Reform and Revenue Department, Government of Bihar, Patna 2.

The Principal Secretary, Department of Co-operative, Government of Bihar, Old Sachivalay at Patna 3.

The Divisional Commissioner, Patna Division, at Patna 4.

The District Magistrate, Nalanda at Biharsharif 5.

Additional Collector, Nalanda at Biharsharif 6.

The Sub-Divisional Officer, Hilsa, Nalanda 7.

The D.C.L.R., Hilsa, Nalanda 8.

The Circle Officer, Ekangarsarai, Nalanda 9.

Block Co-operative Officer, Ekangarsarai, Nalanda ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Raj Kishor Prasad, Advocate Mr. Lal Bahadur Singh, Advocate Mr. Ashok Kumar, Advocate For the Respondent/s :

Mr. Md. Khurshid Alam (AAG-12) Mrs. Nutan Sahay, AC to AAG-12 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 04-02-2021 The present Letters Patent Appeal has been filed

Patna High Court L.P.A No.307 of 2019 dt.04-02-2021 2/3 against the order dated 22.01.2019 passed by a learned Single Judge of this Court in C.W.J.C. No. 1305 of 2019 titled as Krishna Kumar Singh Arya @ Heera Lal Yadav Vs. The State of Bihar and Others.

Having heard learned counsel for the parties as also having gone through the records of this case, we find no infirmity with the impugned order dated 22.01.2019 passed in C.W.J.C. No. 1305 of 2019 titled as Krishna Kumar Singh Arya @ Heera Lal Yadav Vs. The State of Bihar and Others.

It is a settled proposition of law that mere mutation does not confer any right or title.

Based on the entry of mutation in the Revenue record, more so when the State seriously refutes the appellant's claim of title, this Court, in view of the disputed question of fact, cannot entertain the present appeal filed under Article 226 of the Constitution of India.

As such, we find that the learned Single Judge has rightly dismissed the writ petition reserving liberty to the writpetitioner, appellant herein, to take recourse to remedies by way of filing a Civil Suit.

As such, the present Letters Patent Appeal, devoid

Patna High Court L.P.A No.307 of 2019 dt.04-02-2021 3/3 of merit, stands dismissed.

Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (S. Kumar, J) Amrendra/P.K.P AFR/NAFR CAV DATE Uploading Date 05.02.2021 Transmission Date