IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5682 of 2010 1. NATHMAL GOENKA S/O LATE SHEO DAYAL GOENKA R/O SUTTAPATTI, SARAIGANJ, P.S. MUZAFFARPUR, DISTT.- MUZAFFARPUR Versus 1. THE STATE OF BIHAR 2. CHIEF EXECUTIVE OFFICER MUZAFFARPUR MUNICIPALITY, P.O. & P.S.- MUZAFFARPUR, DISTT.- MUZAFFARPUR 3. PRAMOD KUMAR GOENKA S/O NATHMALL GOENKA R/O JOGIAMATH (HOUSE OF SHREE ANAND PRASAD GUPTA), SARAIGANJ, P.O., P.S. & TOWN OF MUZAFFARPUR 4. KRISHNA GOENKA S/O PRAMOD KUMAR GOENKA R/O JOGIAMATH (HOUSE OF SRI ANAND PRASAD GUPTA), SARAIGANJ, P.O., P.S. & TOWN OF MUZAFFARPUR with CWJC No.5842 of 2010 NATHMAL GOENKA S/O LATE SHEO DAYAL GOENKA R/O SUTTAPATTI, SARAIGANJ, P.S. MUZAFFARPUR, DISTT.- MUZAFFARPUR NATHMAL GOENKA . Versus 1. THE STATE OF BIHAR 2. CHIEF EXECUTIVE OFFICER MUZAFFARPUR MUNICIPALITY, P.O. & P.S.- MUZAFFARPUR, DISTT.- MUZAFFARPUR 3. Ajay Kumar Goenka, son of Nathmal Goenka 4. Anku Kumar Goenka @ Asish Goenka 5. Sanku Kumar Goenka @ Abhisekh Goenka, Respondent nos. 4 to 5 are sons of Respondent No.3, Ajay Kumar Goenka, All resident of Jaiswal Market inside Hotel Abhinandan Galli, Saraignaj, Town of Muzaffarpur, P.O.+P.S. & District Muzaffarpur 02/ 08.04.2010 Heard learned counsel for the petitioner, the State and the Muzaffarpur Municipal Corporation. 2. Petitioner is aggrieved by the order dated 6.1.2010 passed by the Municipal Commissioner, Muzaffarpur in Case Nos. 309, 310 of 2008-09, whereunder mutation of the house in question has been allowed in favour of the private Respondent no. 3 to 5 of C.W.J.C. No. 5842 of 2010 contrary to the contents of the compromise decree passed between the parties by this Court in First Appeal No. 520 of 1999, which was disposed of under orders dated 27.7.2006, Annexure- - 2 - 2 in terms of the compromise petition, bearing I.A. No. 2349 of 2004, which formed part of the judgment and decree passed by this Court in the said appeal. In case the mutation order has been passed contrary to the judgment and decree passed in the aforesaid First Appeal No. 520 of 1999, petitioner has remedy before the District Judge in terms of the provisions contained in Section 143 of the Bihar Municipal Act, 2007. 3. Accordingly, I dispose of the two writ applications granting liberty to the petitioner to assail the order dated 6.1.2010 passed by the Municipal Commissioner, Muzaffarur before the District Judge as early as possible, in any case within 30 days from today. Limitation, if any, set in in the meanwhile, be condoned by the District Judge after notice to the private Respondents and the appeal be disposed of in the light of the compromise decree passed by this Court. Arjun/ (V.N. Sinha, J.)