IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16362 of 2010 1. RAM CHARITRA SINGH, SON OF LATE MOGAL SINGH, RESIDENT OF VILLAGE KAIRWAN, P.S. GHOSI, DISTRICT JEHANABAD 2. AWADH KISHORE SHARMA @ AWADH SHARMA @ RAM AWADH SHARMA, SON OF RAM CHARITRA SINGH, RESIDENT OF VILLAGE KAIRWAN, P.S. GHOSI, DISTRICT JEHANABAD.--------------------------------------------- PETITIONERS Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, NEW SECRETARIAT, PATNA. 2. THE DISTRICT MAGISTRATE, JEHANABAD. 3. THE LAND REFORMS DEPUTY COLLECTOR, JEHANABAD. 4. THE CIRCLE OFFICER, GHOSI, JEHANABAD.-------------------------- RESPONDENTS For the petitioners :- Mr. Chitranjan Sinha, Sr. Advocate Mr. Sanjay Kumar, Advocate For the State :- Mr. Sunil Kumar Mandal, S.C. 15 & Dr. Abdus Shakoor, A.C. to S.C. 15 For the intervenors :- Mr. Vinod Kumar, Advocate ----------- 4 9.11.2010 The petitioners have filed this writ application challenging the order of the Collector, contained in Annexure-2 by which he has rejected the case of the petitioners on the ground that the petitioners did not produce the return filed by the ex-zamindar. The lands in question are recorded in the name of Durga Singh the ex-landlord and are the Bakast lands of Durga Singh. The petitioners have produced the Khatiyan and Form K to indicate that they are interested parties being the grand son of Hari Singh brother of Durga Singh. The claim of the petitioners is that his uncle (Chacha) Surajdeo Singh by a deed of gift, transferred certain lands in their favour. An intervention application has been 2 filed on behalf of Satyendra Sharma and Surendra Sharma son of late Bhuneshwar Singh. The respondents claim that they have 1/3rd share in the land in question. In support of their case, they have produced the Khewat contained in Annexure-B of the I.A. application which indicates that Tauzi No. 3847/5-8 is recorded in the name of Ramkeshwar Singh who is said to be the grand father of the intervener respondents. The interveners claim that since the Tauzi in question is 3847, they become interested parties. This Court cannot on the basis of the averments made on behalf of the intervener respondents connect them with the lands which the petitioners seek to get mutated in their name. Considering the order of the Collector and the order passed by the Land Reforms Deputy Collector, Jehanabad it appears that the only ground for rejecting their application for mutation is that there has been a delay in filing the mutation case. It has been observed that the petitioners have not produced documents in support of their case specially the 3 return filed on behalf of Durga Singh at the time of vesting of the State. These documents i.e. the Khebat, Khatiyan, Form-K and the rent receipts of the ex-landlord ought to be considered by the Land Reforms Deputy Collector, Jehanabad and he should pass a fresh order after hearing the petitioners. The intervener respondents may appear before the Land Reforms Deputy Collector, Jehanabad and substantiate their claim. The order impugned dated 21.8.2010 and Annexure-2 are quashed with a direction to the Land Reforms Deputy Collector, Jehanabad to hear the petitioners and the intervener respondents if they appear before him. The petitioners should produce a copy of this order before the Land Reforms Deputy Collector, Jehanabad within a period of six weeks on receipt of a copy of this order. This writ application is allowed. Sanjay ( Sheema Ali Khan, J.)