IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.11482 of 2009 ====================================================== Rajendra Prasad @ Rajendra Prasad Yadav, s/o- Late Pahwari Pd., village Padrauna, Anchal Gaunaha, P.S.- Gaunaha, District- West Champaran. .... .... Petitioner/s Versus 1. The State Of Bihar 2. The Collector of West Champaran, Bettiah. 3. The D.C.L.R., Narkatiaganj, Dist. West Champaran. 4. The Anchal Adhikari, Anchal- Gaunaha, District- West Champaran. 5. Smt. Suryamati Devi, wife of Udit Narayan Yadav, village Padrauna, P.S. + Anchal- Gaunaha, District- West Champaran. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Basant Singh Mr. Hemendra Kumar Mr. Rakesh Kumar-1 For the Respondent/s : Mr. Bhubneshwar Prasad Mr. Dhirendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER (Per: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL) 6 15-12-2011 Heard learned counsel for the petitioner and learned counsel for respondent No. 5. Petitioner raises a grievance with respect to the order dated 31.7.2009 passed by respondent Collector, West Champaran, Bettiah in R.M. Case No. 57 of 2008-09 (Suryamati Devi versus Rajendra Prasad and Ors). The land in question appertains to Khata No. 30/2, plot Nos. 394 and 395 measuring a total area of 2 bighas 6 kathas and 15 dhurs of land situated in village Padrauna Anchal, Gaunaha in the Patna High Court CWJC No.11482 of 2009 (6) dt.15-12-2011 2 district of West Champaran. The writ petitioner and respondent No. 5 are full brother and sister respectively. There is no dispute that the land in question was held by their father. On the strength of oral gift made by the father to respondent No. 5, jamabandi in respect of the disputed land was created vide Jamabandi No. 125 in the name of respondent No. 5. After the death of father, an application was filed by the writ petitioner for mutating the said land in favour of his daughter-in-law. Said claim was based on a family arrangement arrived at by the family members of the deceased father of the writ petitioner. Said application gave rise to Case No. 1614 of 2006-07 of the Court of respondent Anchal Adhikari. After complying with the requirement(s) of law, the same was allowed and the land thereafter stood mutated in the name of daughter-in-law of the writ petitioner. Respondent No. 5 approached the respondent D.C.L.R., Narkatiaganj by filing an application seeking restoration of Jamabandi. It is to be noticed that the order (Annexure-7) by which the land stood mutated in the name of daughter-in-law of the writ petitioner was, however, not challenged. A prayer was made in the said application for restoration of jamabandi earlier opened in the name of respondent No. 5 followed by issuance of rent receipts against payment of rent for few years. The respondent D.C.L.R. issued notice to all Patna High Court CWJC No.11482 of 2009 (6) dt.15-12-2011 3 concerned and after considering the matter at length, found that the applicant respondent no. 5 was not in possession of land and accordingly, rejected the said application. Aggrieved thereby, the respondent No. 5 filed an application before the Collector giving rise to R.M. Case No. 57 of 2008-09. The respondent Collector after hearing the parties allowed the said application in the following terms: “Considering the facts and circumstances of the case the revision petition is allowed and order passed by the Ld. Lower Court is here by set-aside. File be consigned to the record room.” Learned counsel for the petitioner contends that for the purpose of mutation of land, the authorities under the Act is required to make investigation only in respect of possession of the raiyat over the land in question. It is contended that while mutating name of daughter-in-law of the writ petitioner, the same was ascertained and considering the family arrangement arrived at by the descendents of the father of the writ petitioner, the same was allowed. It is also contended that the D.C.L.R. in his order dated 19.5.2008 (Annexure-4) has clearly held that the respondent No. 5 was not in possession of the land. It is contended that these aspects of the matter were not considered by the respondent Collector while passing the impugned order. Patna High Court CWJC No.11482 of 2009 (6) dt.15-12-2011 4 Learned counsel for the respondents, on the other hand, contended that once an order of mutation is passed, the same cannot be altered by the Anchal Adhikari since there is no power of review. It is next contended that notice was not issued to the respondent No. 5 while allowing application seeking mutation in the name of daughter-in-law of the writ petitioner. I have considered the submissions advanced on behalf of the parties. Mutation of names of any tenant in Register-II neither creates nor extinguishes title. The sole purpose of updating the records under the Bihar Tenants Holdings (Maintenance of Records) Act, 1972 is to realize rent from the tenant found in possession of the land. On going through the orders passed by the authority under the Act, it appears that there is a dispute relating to title of the land between the parties who are unfortunately own brother and sister. Keeping that aspect in focus, this Court is of the view that no interference in the present order is called for and the parties are left to agitate their grievance before a competent Court of law. At this stage, this Court cannot fail to notice that the order by which the land in question stood recorded in the name of daughter-in-law of the writ petitioner was never assailed by the respondent No. 5 and the respondent Collector has also not interfered therewith by setting aside the order dated 25.8.2007 Patna High Court CWJC No.11482 of 2009 (6) dt.15-12-2011 5 (Annexure-7). However, I am inclined to observe that mutation of name of either party to the proceeding shall not prejudice their claim of title over the suit land in case appropriate suit is filed. Application stands disposed of. PANKAJ KUMAR/- (Kishore K. Mandal, J)