IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13782 of 2006 HARI OM GOPE Versus THE STATE OF BIHAR & ORS ----------- 3. 24.07.2008. Heard learned counsel for the petitioner and the counsel for the Patna Municipal Corporation as also counsel for the State. 2. Petitioner is aggrieved by the appellate order dated 27.08.2006 passed by the Commissioner-cum-Chief Executive Officer of the Corporation in Appeal No. 26 of 2004, Annexure-2, whereunder he has set aside the original order dated 17.04.2004, Annexure-1 mutating the house in-question in favour of writ petitioner. The challenge to the appellate order is raised on the ground that appellant Gita Devi Sinha, Respondent No.4 herein was not a party in the original proceeding taken for the mutation of the house in- question, as such, according to the writ petitioner the appellate authority ought not to have set aside the original order at her instance and on this short question petitioner desires that the order dated 27.08.2006, Annexure-2 be set aside. 3. I regret to accept the aforesaid submission as Respondent No.4 the appellant before the appellate authority claims title over the property in-question by virtue of sale deed executed in her favour by Respondent No.5 who was objector in the original proceeding but ignoring his objection mutation was allowed in favour of the petitioner under order dated 17.04.2004, Annexure-1 which has been assailed by Respondent No.4 before the appellate authority and appellate authority taking into account the sale deed executed by the objector in - 2 - her favour on 10.8.1966 set aside the original order mutating the house in-question in favour of the writ petitioner. I do not see any illegality in the impugned order as the same has been passed on the basis of registered sale deed executed as far back on 10.08.1966. If the petitioner wants to assail the contents of the sale deed dated 10.08.1966 it is open to him to file a civil suit in the appropriate Civil Court of competent jurisdiction. 4. With the aforesaid observation, this writ application is dismissed. P.K.P. (V.N.Sinha,J.)