IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17757 of 2010 NITYANAND PRASAD SINGH, SON OF LATE SHIVNANDAN PRASAD SINGH, RESIDENT OF VILLAGE SIKRAHULLA, P.S. BIRPUR (BARAUNI), P.O. KORIA HAIBATPUR, DISTRICT BEGUSARAI. -----------------------------------------------------------------------------------------------------PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE ADDITIONAL COLLECTOR, BEGUSARAI 3. THE DEPUTY COLLECTOR, LAND REFORMS, BEGUSARAI 4. THE ANCHALADHIKARI, BARAUNI ANCHAL, BARAUNI, DISTRICT BEGUSARAI 5. BHATTU MAHTON, SON OF DHANIK MAHTO 6. JAGDISH MAHTON, SON OF LATE LALO MAHTO 7. BAIDYANATH MAHTO @ NAGO MAHTO, SON OF BHAGLU MAHTO 8. BRAHMDEO MAHTON, SON OF LALO MAHTON 9. RAMO MAHTON, SON OF LALO MAHTON 10. SITA RAM MAHTON, SON OF LALO MAHTON 11. SUKHDEO MAHTON, SON OF DHANIK MAHTO 12. KHYALI MAHTO, SON OF LALO MAHTO 13. CHANDRADEO MAHTO, SON OF LALO MAHTON, RESPONDENT NO. 5 TO 13 ARE RESIDENTS OF VILLAGE SIKRAHULLA, NAYA TOLA, RAM NAGAR, P.S. BIRPUR (BARAUNI), P.O. KORIA HAIBATPUR, DISTRICT BEGUSARAI. ---------------------------------------------------------------------------------------------RESPONDENTS ******** 2 2.11.2010 Respondent Bhattu Mahto and others (Respondent Nos. 5 to 13) had filed an application for mutation of their names with respect to Khata No. 1, Plot No. 13, measuring 11 Kathas and 8 Dhurs. In the said application, it has been mentioned that the respondents are the heirs of the recorded tenant, however, they could not get their names mutated for one reason or the other after vesting of the lands in the 2 State of Bihar. The matter was thrashed out and came up before this Court when the petitioner filed a writ application numbered as C.W.J.C. No. 6681 of 2002, disposed of on 20.2.2009 with a direction to the Additional Collector, Begusarai to decide whether Plot No. 13 falls within Khata No. 1 or Khata No. 100. Respondent Nos. 5 to 13 claim that Plot No. 13 falls within Khata No. 1, whereas the petitioner’s case is that Plot No. 13 falls within Khata No. 100. The Additional Collector, Begusarai while considering this aspect of the matter has come to the conclusion that Plot No. 13 falls within Khata No. 100. In this manner, in fact, the Additional Collector, Begusarai has discarded the case of the respondents Bhattu Mahton and others which would be apparent from Annexure-3 of the writ application which is the petition filed before the Circle Officer on behalf of the private respondents. While doing so, the Additional Collector has directed that the lands should be mutated in the names of the heirs of the Koha Koeri. I may state here that the lands in 3 question were settled by the ex-landlord, Koha Koeri. The case of the respondents is that they are the heirs of Koha Koeri, whereas the case of the petitioner is that Koha Koeri died issueless and, therefore, the lands went back to the ex-landlord who settled the lands in favour of the petitioner. The petitioner’s claim that Jamabandi 129 was opened in their names and they have got their names mutated and are paying rent to the State of Bihar. I find that the order of the Additional Collector, Begusarai is defective inasmuch that he could not have come to a conclusion that the lands should be mutated/recorded in the names of the heirs of Koha Koeri without discussing whether the respondents are in fact the heirs of Koha Koeri, specially in view of the case of the respondents as made out in Annexure-3. I, therefore, remand this case back to the Additional Collector, Begusarai who shall decide the revision application within a period of four months on valid service of notice to the respondents 5 to 13. The petitioner should present his application 4 along with a copy of this order within a period of six weeks on receipt of a copy of this order. This writ application is disposed of with the aforesaid observations and directions. During the pendency of the revision application, no steps should be taken either in favour of the petitioner or the respondents, as far as the mutation proceeding is concerned. Sanjay ( Sheema Ali Khan, J.)