IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1221 of 2002 Sheo Balak Singh, son of late Parmeshwar Singh, resident of Simaria under Rivilganj Municipality, P.S. Rivilganj, District- Saran ----- Petitioner. Versus. 1. The Rivilganj Municipality through its Executive Officer, P.O. & P.S. Rivilganj, District- Saran. 2. The Chairman, Rivilganj Municipality, P.O. & P.S. Rivilganj, District- Saran 3. The Executive Officer, Rivilganj Municipality P.O. & P.S. Rivilganj, District- Saran 4. Mostt. Kamla Devi widow of late Hari Singh, resident of Ward No.7, Rivilganj Municipality, P.O. & P.S. Rivilganj, District- Saran ----- Respondents. --------- 4. 24.10.2008 Heard Mr. Gyanand Roy for the petitioner. None appears on behalf of the respondents. This writ petition is directed against the order dated 10.1.2001 (Annexure-1), passed by the learned Executive Officer of Rivilganj, District- Saran (Chapra), whereby he has directed alteration of assessment of the lands in favour of respondent no.4( Mostt. Kamla Devi Widow of late Hari Singh) herein, in purported exercise of powers conferred by him under section 107 (1)(b) of the Bihar and Orissa Municipal Act (hereinafter referred to as the ‘Act’). It relaters to holding no.18, circle no.7, of the Rivilganj Municipality. Holding no.18A has been ordered to be carved out of holding no.18, in her favour. We have perused the materials on record and considered the submissions of the learned counsel for the parties. It appears that 2 the application of respondent no.4( Mostt. Kamala Devi widow of late Hari Singh), under the provisions of section 107(1)(b) of the Act, was allowed on the ground that she is claiming right, title and interest with respect to the land in question through one Hari Singh. Learned counsel for the petitioner rightly submits that respondent no.4 could not have invoked the provisions of section 107(1)(b) of the Act because her name has not yet been mutated in the revenue records. He rightly relies on the judgment of a Division Bench reported in 1978 B.B.C.J. 530, in the case of Tetar Mandal & Ors. Vs. Executive Officer & Ors. In the result, this writ petition is allowed and the impugned order dated 10.1.2001 (Annexure-1), passed by the learned Executive Officer of Rivilganj Municipality, is hereby set aside. It goes without saying that it will be open to the aggrieved party to move a Civil Court of competent jurisdiction for adjudication of right, title and interest. This writ petition is accordingly allowed. Vinay/ ( S. K. Katriar , J.)