IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7702 of 2009 PROF.DR.MD.NASEERUDDIN, SON OF LATE MD. TASLEEM, RESIDENT OF MOHALLA- JABBARCHAK, POLICE STATION- TATARPUR, DISTRICT- BHAGALPUR. ----- PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE DISTRICT MAGISTRATE, BHAGALPUR. 3. THE D.C.L.R., BHAGALPUR. 4. THE C.O., JAGDISHPUR, BHAGALPUR. 5. BIBI RASHDA, WIFE OF MD. MOJIBUR RAHMAN. 6. NAYYAR PRAVEEN, WIFE OF DR. MD. SALAUDDIN. 7. BILQUISH IMAM, WIFE OF ALI IMAM. 8. ISHRAT JAHAN, WIFE OF PROF. BADRUDDIN. 9. FARHAT JAHAN, WIFE OF WASIUDDIN. SI. NO. 5 TO 9 RESIDENT OF EAST OF KOTWALI, POLICE STATION- KOTWALI, P.O.& DIST- BHAGALPUR. ----- RESPONDENTS ----------- 2 10.7.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. This writ application has been filed for commanding the respondent Circle Officer of Jagdishpur, Bhagalpur to mutate the name of the petitioner in view of the order passed by the D.C.L.R., Bhagalpur. The petitioner’s case is that he had purchased the land from his father-in-law Dr. Yunus dated 12.4.1979. While he was away from India, the land came to be recorded in the name of Union of India. When the petitioner returned, he filed Title Suit No. 318 of 2002. In the said suit the defendants did not appear although notice was sent to them and ultimately the title of the petitioner was confirmed. 2 Thereafter the petitioner filed an application for mutation of his name in the records of rights. The private respondents 5 to 9 appeared in that case and protested before the Circle Officer. The Circle Officer also conducted the spot enquiry and the enquiry shows that the lands were being cultivated by a man who claims to be the man of Md. Yunus. The Circle Officer rejected the application for mutation against the said order of the Circle officer, the petitioner moved before the D.C.L.R., Bhagalpur and filed Mutation Case No. 20 of 2005-06. The D.C.L.R., Bhagalpur on 28.2.2006 after issuing notice to the respondents passed an order in favour of the petitioner ordering the Circle Officer to mutate the name of the petitioner on Khata No. 30 (old 1), Khesra No. 34 (old 26) measuring 40 decimals. After the order dated 28.2.2006 the Circle Officer has not mutated the name of the petitioner which had led to the filing of this writ application. It appears from paragraph 12 of the writ application, as pointed out by the Counsel that the petitioner had filed Mutation Appeal No. 3 1/2000-2001 which was disposed of by order dated 14.5.2002 holding that the said Kebala dated 12.4.1979 in favour of the petitioner is doubtful. Against that order the petitioner filed a Revision Case No. 30 of 2002-03 before the Collector which is pending. Learned counsel on the other hand submits that after the order of the D.C.L.R. passed in Mutation Appeal No. 1/2000-2001 doubting the sale deed, the petitioner filed Title Suit No. 318 of 2002 to get a declaration of title in his favour with respect to lands mentioned in the sale deed executed by Dr. Yunus in his favour on 12.4.1979. After the decree in Title suit No. 318 of 2002, he took steps to file a fresh application before the Circle Officer for mutating his name which has ended in this proceeding. It is also submitted that the order of appeal has become final as the private respondents took no steps for filing a revision application against the order dated 28.2.2006 and as such the Circle Officer cannot refuse to mutate the name of the petitioner on the ground that he had earlier passed an order against the 4 petitioner. In the facts aforesaid, the Circle Officer, Jagdishpur, Bhagalpur is directed to take proper steps in accordance with the order dated 28.2.2006 on an application filed by the petitioner within a period of one month on receipt/production of a copy of this order. This writ application is disposed of with the aforesaid directions. Sanjay (Sheema Ali Khan, J.)