IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3900 of 2010 1. SMT.MANJU DEVI W/O LATE JANARDAN YADAV R/O MOH.- SHIV BAZAR, P.O.+P.S.- BHAGWAN BAZAR, DISTT.- CHAPRA, SARAN, BIHAR 2. RAJEEV KUMAR S/O LATE JANARDAN YADAV R/O MOH.- SHIV BAZAR, P.O.+P.S.- BHAGWAN BAZAR, DISTT.- CHAPRA, SARAN, BIHAR 3. SANJEEV KUMAR S/O LATE JANARDAN YADAV R/O MOH.- SHIV BAZAR, P.O.+P.S.- BHAGWAN BAZAR, DISTT.- CHAPRA, SARAN, BIHAR Versus 1. CHAPRA MUNICIPALITY THROUGH ITS EXECUTIVE OFFICER CHAPRA 2. CHAIRMAN CHAPRA MUNICIPALITY, CHAPRA 3. EXECUTIVE OFFICER CHAPRA MUNICIPALITY, CHAPRA, SARAN 4. SPECIAL OFFICER CHAPRA MUNICIPALITY, CHAPRA 5. SMT. KANTI YADAV D/O LATE JANAK YADAV R/O MOH.- BHARAT MILLAP CHOWK BHAGWAN BAZAR, P.O.+P.S.- BHAGWAN BAZAR, DISTT.- CHAPRA, SARAN 03/ 09.03.2010 Heard learned counsel for the petitioners and the counsel for the Chapra Municipality. Petitioners are aggrieved by the order dated 22.8.2000 passed by the Special Officer, Chapra Municipality in Mutation Case No. 156 of 1999-2000, Annexure-5, whereunder Holding No. 144/211, Ward No. 22, Circle No. 20 has been directed to be mutated in the name of Smt. Kanti Yadav, daughter of Late Janak Yadav on the basis of the entries made in the records of the Municipality. It is submitted on behalf of the petitioners that direction to mutate the holding in question in the name of Smt. Kanti Yadav is contrary to the contents of the sale deed dated 1.6.1981, which was executed by Sri Janak Yadav, father of Smt. Kanti Devi for the holding in question in favour of Janardan Yadav, husband of petitioner no.1 and father of petitioner nos. 2 and 3 on the basis of - 2 - which mutation records of the Chapra Municipality as regards the holding in question was corrected and name of the husband of petitioner no.1 and father of petitioner nos. 2 and 3 was recorded in 1981 itself, but ignoring such entries as also the contents of the sale deed, the then Special Officer of Chapra Municipality passed the impugned order dated 22.8.2000 on the basis of the entries made sometime between 1986-1990 without any basis, as is evident from the information gathered by the petitioners under Right to Information Act, vide information dated 24.2.2009, Annexure-6. Counsel for the petitioners submits that true it is that husband of petitioner no.1 and father of petitioner nos. 2 and 3 was heard at the time of passing of the impugned order by the Special Officer, but soon after the passing of the said order, Janardan Yadav left of heavenly abode and matter could not be taken up in appeal. At the time of death of Janardan Yadav, petitioner nos. 1, 2 and 3 were pardanashin and minor respectively. Petitioner no.2 having attained majority about one year back, learnt about the contents of the impugned order dated 22.8.2000, Annexure-5 has filed this writ application questioning the correctness of the said order. Counsel for the Chapra Municipality, Sri Arvind Kumar Pandey states that against the order passed by the Special Officer, Chapra Municipality dated 22.8.2000, petitioners have got a remedy of appeal before the District Judge in terms of the provisions contained in Section 143 of the Bihar Municipal Act, 2007. Having heard counsel for the petitioner and the Chapra - 3 - Municipality, I dispose of this writ application with direction to the petitioner to avail remedy of appeal before the appellate authority. In case, petitioners file the appeal within 30 days from the date of receipt of the certified copy of this order along with limitation petition, the appellate authority should condone the delay in filing the appeal and entertain the same on merit after issue of notice to Smt. Kanti Yadav and dispose of the appeal in accordance with law. Arjun/ (V.N. Sinha, J.)