Cambodian Budhist Monastery Trust v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5664 of 2017 ======================================================

1. Cambodian Budhist Monastery Trust, at Silaunja, Bodh Gaya, Police Station- Bodh Gaya, District- Gaya, through its Director namely Poeuy Metta, Son of Net Sawan.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary Revenue and Land Reforms Department Govt. of Patna, Patna.

2. The District Magistrate-cum-Collector, Gaya.

3. The Deputy Collector Land Reforms, Sadar, Gaya.

4. The Circle Officer, Bodh Gaya, District- Gaya. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Niranjan Kumar with Ms. Smita Prasad, Advocates For the Respondent/s : Mr. Subhash Chandra Yadav-Gp15 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-06-2018 Heard both sides.

The petitioner has filed this writ petition for a direction to the Circle Officer, Gaya to mutate the name of the petitioner with regard to the lands measuring 6 acres situated in MouzaSilaunja, P.S. Bodh Gaya, District- Gaya bearing C.S. Khata No.67, C.S. Plot No.17, R.S. Khata No.234, R.S. Plot No.15. Learned counsel for the petitioner submits that the petitioner purchased the aforesaid land from Ajay Mehta and Prem Narayan Yadav through registered sale deed. Ajay Mehta and Prem Narayan Yadav got the lands in their names by virtue of Title suit decided by the Civil Court. The petitioner filed petition

Patna High Court CWJC No.5664 of 2017 (2) dt.28-06-2018 2/2 before the Circle officer for mutating its name with regard to the lands purchased by the petitioner. The petitioner is a Cambodian Budhist Monastery Trust. The respondent State filed counter affidavit stating that the title of Ajay Mehta and Prem Narayan Yadav are disputed and the State has already filed appeal against the judgment and decree passed by the Munsif and Sub-Judge, Gaya.

Having considered the facts aforesaid and submission made above, I dispose of this writ petition with a direction to the Circle Officer, Gaya that since the petitioner has filed petition for getting his name mutated with regard to the purchased land, if there is any dispute even then the Circle Officer is legally bound to dispose of the petition for mutation of the petitioner in accordance with law. Therefore, the Circle Officer is directed to dispose of the case of the petitioner filed for mutation of his name within four months from the date of receipt of this order. Accordingly, this writ petition is disposed of. (Prabhat Kumar Jha, J) Amit/- U