IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.18004 OF 2008 1. MD.RAHUL AMIN, SON OF FAREH MOHAMMAD 2. MD. QASIM, SON OF ABDUL MATIN BOTH RESIDENT OF VILLAGE PATALWA BISTA DANGI, POLICE STATION KISHANGANJ, DISTRICT KISHANGANJ ………………………………………………………………….PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR, KISHANGANJ 3. THE SUB DIVISIONAL OFFICER, KISHANGANJ 4. THE D.C.L.R., KISHANGANJ 5. THE CIRCLE OFFICER, ANCHAL KISHANGANJ, DISTRICT KISHANGANJ 6. THE HALKA KARAMCHARI, DISTRICT KISHANGANJ …………………………………………………………………RESPONDENTS ******** 2 25/07/2009 This writ application has been filed for disposal of Mutation Appeal No. 1 of 1998-99 filed before the Deputy Collector Land Reforms, Kishanganj for mutating the name of the petitioners in the records of right and for fixing the rent of the lands in question. The petitioners had filed a title suit challenging the khatiyan entry in the name of the State of Bihar with respect to R.S. plot no. 1379 of village Pichala situated in the district of Purnea. Title Suit No. 64 of 1962/64 of 1963 was decreed in favour of the petitioners (Annexure- 1). The State of Bihar filed Title Appeal No. 356 of 1964 and 24 of 1965 which was disposed of by judgment dated 19.09.1967 dismissing the appeal of the State of Bihar. After getting the decree, the petitioners moved before the Circle Officer for mutating their names and - 2 - fixing the rent of the lands in question vide Case no. 1 of 1998-99. The Circle Officer kept the matter pending and, therefore, the petitioners moved before the Deputy Collector Land Reforms by filing an appeal and making a prayer therein that their names may be mutated. The Deputy Collector Land Reforms called for the record from the Circle Officer who admitted that the petitioners had succeeded in the suit by which it had been declared that the name of State of Bihar was wrongly entered in the revenue records. I may mention here that the Appeal No. 1 of 1998-99 was filed and till today no order has been passed by the Circle officer or the Deputy Collector Land Reforms, Kishanganj. This Court finds it surprising that even after a valid declaration by the competent, the State Authorities are sitting over the matter. Not only is this act a deliberate attempt to harass a bonafide citizen of the State, but also it shows the attitude of the Officers concerned who despite the fact that it is their duty to make the consequential correction in the revenue records, are sitting over the matter. This Court is at pain that it has to give direction to the Circle Officer and the Deputy Collector Land Reforms, Kishanganj to perform their duties. I, accordingly, direct that the Circle Officer/ the - 3 - Deputy Collector Land Reforms, Kishanganj should take immediate steps in considering the application of the petitioners in accordance with the judgments of the Civil Court and pass orders mutating the name and fixing the rent for the lands in question within a period of three months on receipt/production of a copy of this Court. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )