IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16035 of 2009 MANZOORUL HASSAN SON OF LATE MOLVI ABDUL GHAFOOR RESIDENT OF MOHALLA MAKHLATGANJ, MIRZA DOST MOHAMMAD LANE, P.S. KOTWALI, DISTRICT GAYA. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR, THROUGH THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 2. THE MUNICIPAL COMMISSIONER, MUNICIPAL CORPORATION, GAYA. 3. MD. MAZHARUL HASSAN SON OF LATE MOLVI ABDUL GHAFOOR, RESIDENT OF MOHALLA MAKHLOTGANJ MIRZA DOST MOHAMMAD LANE, P.S. KOTWALI, DISTRICT GAYA, PRESENTLY RESIDING AT MOHALLA ZAKIR NAGAR P.S. MANGO, DISTT. JAMSHEDPUR, JHARKHAND. 4. AHMADUNISHAN WIFE OF MD. SARFUDDIN, RESIDENT OF MOHALLA MAKHLOTGANJ, DHOLAK GALI, P.S. KOTWALI, DISTRICT GAYA. ... ... RESPONDENTS. ----------- 2. 23.11.2009. Heard learned counsel for the petitioner and the State. Petitioner is aggrieved by the order dated 6.2.2009 passed by the Municipal Commissioner, Gaya where under he has directed the mutation of the house in question in favour of the purchaser ignoring the fact that house in question is the subject matter of Partition Suit No.408 of 2007. Let petitioner assail the order dated 6.2.2009 (Annexure-5) before the appellate court and any delay in filing the appeal be condoned by the appellate court in - 2 - N.H./ accordance with law provided the appeal is filed within 30 days from today. This writ application is, accordingly, disposed of. ( V.N. Sinha,J.)