IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2076 of 2004 PARSURAM RAI Versus ARRAH MUNICIPALITY & ORS ----------- 2 01.07.2008 The petitioner is aggrieved by the order dated 10.12.2003 passed by the Executive Officer, Arra, Nagar Parishad, Arra. By virtue of this order the Executive Officer has ordered mutation of certain names based on the demand made in this regard by a set of persons claiming themselves to be party. Based on the said assertion, the order impugned came to be passed which has the effect of partitioning the property as such. Learned counsel for the petitioner relies on a Division Bench decision of this court in the case of Tetar Mandal & Ors. V. Executive Officer & others reported in BBCJ 1978 page- 530. The court has held that in matters of mutation the municipal authority have not powers to adjudicate the right, title and interest over any property between the parties. In view of the above settled proposition the order contained in Annexure-3 dated 10.12.2003 is patently illegal. The same is quashed with the liberty to the parties to avail such other forum as available to them in this regard. This writ application stands allowed. Mkr. (Ajay Kumar Tripathi, J.)