IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15692 of 2008 CHANARIK ROY, SON OF LATE KULDEEP GOPE, RESIDENT OF MOHALLA- NAYATOLA, SAGUNA, P.S.- DANAPUR, DISTRICT- PATNA. ----- PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE COLLECTOR, PATNA, AT & PO- PATNA, DISTRICT- PATNA. 3. THE DEPUTY COLLECTOR, LAND REFORMS, DANAPUR, AT & P.O.- DANAPUR, DISTRICT- PATNA. 4. THE ANCHAL ADHIKARI, DANAPUR, AT & P.O.- DANAPUR, DISTRICT- PATNA. 5. MOST. SUSHILA DEVI, WIFE OF LATE RAM AWTAR SHASTRI, RESIDENT OF MOHALLA- NAYATOLA, SAGUNA, P.S.- DANAPUR, DISTRICT- PATNA. ----- RESPONDENTS ----------- 5 29.7.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner has filed this writ application for quashing the order dated 26.8.2008 passed in Mutation Appeal No. 3 of 2007-08 by the Deputy Collector, Land Reforms, Danapur and the order passed by the Anchal Adhikari, Danapur on 31.3.2006. Learned counsel for the petitioner submits that the Anchal Adhikari without issuing notice to him passed an order of mutation in favour of respondent no. 5. On learning of the order of mutation, the petitioner filed an appeal before the D.C.L.R. along with the limitation petition. After allowing the limitation petition the D.C.L.R. has affirmed the order of the Anchal Adhikari 2 on the basis of the materials produced by the petitioner and the respondents before the D.C.L.R. The case of the petitioner is that Kallu Gope was the ancestor of the petitioner. Kallu Gope had two sons namely Sumesh Gope and Jethu Gope. Sumesh Gope had two sons namely Janak Gope and Kuldeep Gope. It is further submitted that Jethu Gope died issueless and, therefore, the claim of the respondent no. 5 that she is the wife of the son of Jethu Gope is unfounded. The case of the respondent on the other hand is that the respondent’s husband Ram Awtar Shastri is the son of Jethu Gope and in order to support her contentions, several documents were filed before the D.C.L.R. which according to the respondents indicate that Jethu Gope had a son Ram Awtar Shastri who is the husband of respondent no. 5. One of the documents filed is contained in annexure-3 which is a sale deed of the year 1983 which is allegedly signed by the father of the writ petitioner. The writ petitioner however, claims that the sale deed is a forged one and there were no occasion for the writ 3 petitioner’s father-in-law to sign on such a sale deed as a witness. The writ petitioner has therefore, challenged the paternity of the respondent no. 5’s husband which cannot be decided finally by the writ Court. As far as the mutation of the name of respondent no. 5 is concerned, it is always be subject to the result of the suit if any such suit is filed by the respondents. The writ application is thus disposed off. Sanjay (Sheema Ali Khan, J.)