IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15083 of 2006 1. Mostt. Krishna Devi w/o late Ramakant Kunwar resident of village Samsa Anchal Naokothi PO and PS Naokothi Dist. Begusarai 2. Lalan Kunwar s/o late Ramakant Kunwar resident of village Samsa PO and PS Naokothi Dist. Begusarai Petitioners Versus 1. The State of Bihar 2. The Land Reform Deputy Collector, Bakhari PO Samsa PS Naokothi Dist. Begusarai 3. The Anchal Adhikari Naokothi PO and PS Naokothi Dist. Begusarai 4. Prabha Devi w/o Awanish Kumar Singh 5. Kumud Ranjan s/o Awanish Kumar Singh 6. Amit Ranjan s/o Awanish Kumar Singh All resident of village Samsa PO and PS Naokothi Dist. Begusarai Respondents ----------- 04/ 5.7.2010 Heard learned counsel for the parties. This matter relates to land pertaining to Jamabandi Nos.99 and 166. The land undisputedly belongs to Nunmati Kuwar. The case of petitioner no.1 is that she is class II heir of Nunmati Kuwar and as such she is entitled to inherent the land and on that basis she filed an application before the Circle Officer and her name was mutated in the revenue record of rights in the year 2002. The respondents, after learning the names of petitioners have been brought in the revenue record, filed objection petition stating that Suresh Singh, father-in-law of respondent-Prabha Devi was the only person entitled to get his name mutated. It is also asserted that the respondents have been in possession and have been living with Suresh Singh during his life time. The matter was referred by the Circle Officer to DCLR who heard the parties and after hearing the parties treated the matter as an appeal filed on behalf of the respondents and after condoning the delay, passed the impugned - 2 - order. The case before the DCLR is that entire land was given by Nunmati Kuwar to Suresh Singh by registered Arpannama 6853 dated 31.12.1943 in which she has accepted that Suresh Singh would be successor of all her properties. The respondents in support of their case got on record, Rent Case no. 18 of 1960-61, the proceeding under section 145 Cr.P.C. (Nunmati Kuwar vs the petitioners), the proceeding under section 107 Cr.P.C. (Petitioners vs Nunmati Kuwar), the mortgage executed by Suresh Singh over the land in the year 1967 and subsequently redemption which indicated that the respondents have always been living and acting as successor of Nunmati Kuwar. The respondents claim that the petitioners are not even related to Nunmati Kuwar. After examining the aforesaid record the DCLR came to the conclusion that the mutation in favour of the petitioners has wrongly been done, on the basis of incorrect report submitted by Halka Karamchari. It has further been recorded in the order that petitioners were not able to prove as to how they were the heirs of Nunmati Kuwar. It does appear that there has been serious disputes between the Nunmati Kuwar and the petitioners since 1943. Both of them were fighting out cases with respect to the land in question. Considering all the aforesaid facts, this Court does not find any illegality in the impugned order. This application is thus dismissed. If any of the parties is aggrieved by the orders of the revenue court they may take recourse to filing a suit. shahid (Sheema Ali Khan, J)