IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16280 of 2001 SRILAL YADAV Versus THE STATE OF BIHAR & ORS ----------- 9. 25.09.2008. Heard learned counsel for the petitioner, State and the counsel for Private Respondent Nos.5 and 6. 2. Petitioner is the purchaser of the lands in- question under registered sale deed dated 7.12.1995 from Private Respondent No.6, who happens to be the grand daughter of the recorded tenant Sakli Devi. Having purchased the landsin-question he applied for mutation which was allowed under orders dated 06.08.1996, Annexure-2 against which Private Respondent No.5, who is the purchaser of the lands in-question from Sakli Devi, the recorded tenant herself vide registered sale deed dated 15.09.1967 filed appeal but the appeal was dismissed and the matter came in revision and the revisional court relying on the earlier sale deed executed by the recorded tenant dated 15.09.1967 set aside the original and the appellate order mutating the lands in- question in favour of the petitioner. 3. It is submitted on behalf of the petitioner that the earlier sale deed was never given effect to as the consideration money never passed from the vendee to the vendor and the said sale deed dated 15.09.1967 was also - 2 - cancelled by executing deed of cancellation dated 20.11.1967 and thus according to the petitioner the earlier sale deed could not have been relied upon to set aside the mutation order as also the appellate order contained in Annexures 2 and 3. 4. I regret to accept the aforesaid submission. The earlier registered sale deed dated 15.09.1967 could have been declared void by a competent Civil Court and not by the Revenue Authority, as such, the District Collector rightly relying on the earlier sale deed set aside the mutation/appellate order directing mutation of the lands in-question in favour of the vendee of the earlier sale deed and I do not see any illegality in the said order and this writ application is, accordingly, dismissed, however, with liberty to the petitioner to move the competent Civil Court for appropriate relief. P.K.P. (V.N.Sinha,J.)