IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12747 of 2001 DHANANJAY PRASAD SINGH Versus THE STATE OF BIHAR & ORS ----------- For the petitioner: Mr. Manoj Priyadarshi, Advocate. For State Respondents: Mr. Anwar Karim, J.C. to S.C.V. ------- 3. 19.09.2008. Heard learned counsel for the petitioner and the State. None appears for Private Respondent Nos. 5 to 9 although notice of these proceedings were served on them. 2. Petitioner is aggrieved by the order dated 17.07.2001 passed by the Collector, Khagaria in Mutation Revision No. 7 of 1994-95, Annexure-12 as thereunder appellate order dated 01.09.1994 passed by the Deputy Collector Land Reforms, Khagaria in Mutation Case No. 15 of 1993-94, Annexure-8 has been set aside affirming the order of mutation dated 01.08.1986, Annexure-7 passed in favour of Private Respondent Nos. 5 to 9. 3. Petitioner is the vendor, who executed sale deed dated 02.08.1983 in favour of Private Respondent Nos. 5 to 9, whereunder the lands in-question were conveyed with stipulation in the sale deed that on payment of balance amount of consideration money title shall pass after exchange of equivalents and when the remaining amount of consideration money was not paid after serving legal notice on Private Respondent Nos. 5 to - 2 - 9 dated 29.03.1984, the sale deed in-question was cancelled vide deed of cancellation dated 23.12.1986. Private Respondent Nos. 5 to 9, however, applied for mutation of the lands in-question on the basis of the certified copy of the sale deed which was allowed by the Circle Officer under orders dated 01.08.1986, Annexure- 7 against which petitioners filed Appeal Case No. 15 of 1993-94 which was disposed of under orders dated 01.09.1994, Annexure-8 and the Deputy Collector Land Reforms, Khagaria having noticed the fact that the equivalents were never exchanged original sale deed dated 02.08.1983 remained inoperative and Private Respondent Nos. 5 to 9 were never put in possession of the vended lands. In support of such conclusion Deputy Collector Land Reforms relied on the factum of production of the original sale deed by the petitioner vendor. 4. Aforesaid order of the Deputy Collector Land Reforms, Khagaria was challenged in revision and the learned Collector under order dated 17.07.2001, Annexure-12 with reference to Section 54 of the Transfer of Property Act recorded a finding that on failure of the vendees to pay the balance amount of sale consideration petitioner could have raised a dispute for payment of the remaining amount of sale consideration and set aside the - 3 - order of the Deputy Collector Land Reforms dated 01.09.1994, Annexure-8 recording a finding that the vendees being in possession of the lands in-question mutation order dated 01.08.1986, Annexure-7 has to be upheld. 5. Counsel for the petitioner has challenged the aforesaid finding of the Collector that Private Respondent nos. 5 to 9 (vendees) were put in possession of the lands in-question pursuant to the sale deed dated 02.08.1983. Such challenge has been raised with reference to the earlier order of the High Court dated 22.08.1997, Annexure-10 and with reference to the said order it is submitted that at the time of execution of the sale deed dated 02.08.1983 the lands in-question were in possession of the land grabbers and only after the High Court disposed of the earlier writ petition under orders dated 22.08.1997, Annexure-10 that the possession of the petitioner over the lands in-question was restored and as on the date of execution of the sale deed i.e. 02.08.1983 petitioner himself was not in possession of the lands in-question he could not have put the private respondents (vendees) in possession and in the light of these submissions it is submitted that the finding recorded by the learned Collector that Private Respondent Nos. 5 to 9 were in possession is an error. - 4 - 6. Having heard counsel for the petitioner and the State and having appreciated the fact that original sale deed dated 02.08.1983 is in possession of the petitioner and petitioner is asserting that he is in possession of the lands in-question after this Court passed order dated 22.08.1997, Annexure-10, I set aside the order dated 01.08.1986 passed by the Circle Officer, Khagaria, Annexure-7, the appellate order dated 01.09.1994 passed by the Deputy Collector Land Reforms, Khagaria in Mutation Case No. 15 of 1993-94, Annexure-8 and the revisional order dated 17.07.2001 passed by the Collector, Khagaria in Mutation Revision No. 7 of 1994-95, Annexure-12 and remand back the matter to the Circle Officer, Khagaria, Respondent No.2 who should visit the lands in-question and prepare a memo of local inspection and in the light of the findings of the local inspection pass orders for mutation of the lands in-question in accordance with law. 7. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)