IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.625 of 2009 1. MOSMAT SOHAGO KUER, wife of late Ram Kawal Dubey 2. Anirudh Dubey, son of late Ram Kawal Dubey 3. Kameshwar Dubey, son of late Ram Kawal Dubey 4. Sidheshwar Dubey, son of late Ram Kawal Dubey All residents of village- Karmaini, PS Natwar, District Rohtas 5. Sumitra Devi, W/o Braj Kishore Tiwari, resident of Kuri, PO Myari, PS Nokha, District Rohtas Versus 1. THE STATE OF BIHAR 2. The District Magistrate, Rohtas at Sasaram 3. the DCLR Bikramganj at P.O and P.S. Bikramganj, District Rohtas 4. The Circle Officer, Dinara Circle At and PO+PS Dinara District Rohtas 5. Ram Jas Dubey, son of late Ramayan Dubey, resident of village- Bhuawal PS Dinara, District Rohtas ----------- 3 12-05-2009 Heard learned counsel for the appellants and perused the order under appeal. It has been submitted on behalf of the appellants that the appellate authority exercised its power in a mutation proceeding after a delay of 12 years and the moot question falling for decision in the writ proceeding- as to whether Section 5 of the Limitation Act is applicable to a proceeding under the Mutation Act or not has not been answered by the writ court before declining to interfere in the matter. On perusal of judgement under appeal we find that the court has considered the case of the parties on merits and has come to a conclusion that even if for the sake of arguments it is accepted that provisions of Section 5 of the Limitation Act are inapplicable and the appeal is barred by limitation, no interference in exercise of writ jurisdiction was called for because allowing the order of the first court to continue will perpetuate the illegality. Considering that the dispute between the parties is only in - 2 - respect of mutation and ultimately the dispute, if it exists further, can be resolved only by civil court, we do not find it a fit case to interfere. The appeal is, therefore, dismissed. However, it is made clear that any observation or finding in the order under appeal dated 19-11-08 passed in CWJC No. 2204/2002 (Ram Kawal Dubey vs the State of Bihar & Others) shall not adversely affect case of any of the parties on merits in any subsequent proceeding. BKS/ (Shiva Kirti Singh, J.) (Dr. Ravi Ranjan,J.)