Batassa Khatton v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3768 of 2013 ====================================================== Batassa Khatton S/O Md. Israil Resident Of Village Toopamari, Police Station- Kishanganj, District- Kishanganj.

... ... Petitioner

Versus

1.

The State of Bihar 2.

Collector, Kishanganj.

3.

Deputy Collector, Kishanganj.

4.

Anchal Adhikari, Kishanganj.

... ... Respondents ====================================================== Appearance :

For the Petitioner/s :

Mr.Satish Narayan Sinha For the Respondent/s :

Mr.Shyam Kishor Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-07-2019 Aggrieved by an order of the Deputy Collector Land Reforms, dated 30.06.2012, passed in Mutation Appeal Case No. 5 of 2011-12, the petitioner has filed Mutation Revision Case before the Collector, Kishanganj, as alleged in the writ application. It is petitioner's grievance that till date, the revision case has not been registered.

This writ application has been filed, in that background, seeking direction to the District Magistrate, Kishanganj, to register the statutory revision, preferred by the petitioner.

Despite the fact that the writ application was filed nearly more than six years ago, unfortunately, there is no counter affidavit on record on behalf of the State respondents.

Patna High Court CWJC No.3768 of 2013(3) dt.22-07-2019 2/2 The Court deprecates the lax attitude of the State respondents towards the cases pending before this Court.

Normally, I would have disposed of this writ application directing the Collector, Kishanganj, to dispose of the statutory revision, which has been filed by the petitioner, but after having seen the pleadings and the materials on record, I am of the view that, that will be a futile exercise. I notice from the order of the Deputy Collector Land Reforms, Kishanganj, that the mutation appeal has been disposed of taking into account that a title appeal in respect of the land in question was pending. Sub-section (12) of Section 6 of the Bihar Land Mutation Act states that mutation of a holding or part thereof shall not be allowed in cases in which title suit in respect of that holding or part thereof is pending in a competent Court. In such circumstance, I do not find any illegality in the order of the Deputy Collector Land Reforms. Even the Collector could not have taken a different view in the light of clear language of subSection (12) of Section 6 of the Bihar Land Mutation Act. This application is thus dismissed.

(Chakradhari Sharan Singh, J) Pawan/- U