IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11465 of 2008 BIBI RAJIYA KHATOON @ RAJIYA KHATOON, WIFE OF LATE MOD. MANZAR ALAM, RESIDENT OF MOHALLA MIRZAPUR HAT PAR NAWADAH, POLICE STATION NAWADA, DISTRICT NAWADAH, AT PRESENT RESIDEING AT BELISHARIF STATION ROAD, NAWADAH, POLICE STATION AND DISTRICT NAWADAH----PETITIONER. Versus 1. THE STATE OF BIHAR. 2. NAWADAH MUNICIPAL PARISHAD, NAWADAH THROUGH THE EXECUTIVE OFFICER, NAWADAH MUNICIPALITY. 3. THE EXECUTIVE OFFICER, NAWADAH MUNICIPALITY PARISHAD NAWADAH. 4. ABDUL MANNAN SON OF LATE HAZI ABDUL SUBHAN. 5. MD. WASIM SON OF ABDUL MANNAN. 6. MD. ASIF EKBAL SON OF ABDUL MANNAN. 7. MD. SALAUDDIN SON OF ABDUL MANNAN. 8. MD. MOHISIN SON OF ABDUL MANNAN. 9. MD. AMANULLAH SON OF ABDUL MANNAN. 10. MD. AFAK SON OF ABDUL MANNAN 11. MD. ASADULLAH SON OF ABDUL MANNAN NOS. 8 TO 11 ARE MINOR UNDER NATURAL GARDIAN OF THEIR FATHER ABDUL MANNAN, NO.4 TO 11 ARE RESIDENT OF VILLAGE MIRZAPUR HAT POLICE STATION PAR NAWADAH, DISTRICT NAWADAH----RESPONDENTS. For the Petitioner : Mr. Sudarshan Sharma, Advocate. For respondent nos.2 and 3 : Mr. Mithilesh Kr. Rai, Advocate. For the private respondents : Mr. Sidhendra Narayan Singh, Advocate. For the State : Mr. Satyadeo Kumar, SC-12 ----------- 03. 24.11.2009 Heard learned counsel for the petitioner, State and the counsel for private respondent nos.4 to 11. 2. Petitioner wife of late Md. Manzar Alam is aggrieved by the order dated 21.3.2007 passed by the Executive Officer, Nagar Parishad, Nawada in Mutation Case No.58 of 2006-07, whereunder her prayer to record holding no.252, ward no.5/11 situate on the main road, Nawada has been refused. Aforesaid holding was earlier recorded in the name of Md. Manzar Alam, who left for his heavenly abode on 22.9.2006 whereafter petitioner filed Mutation Case No.58 of 2006-07 in the Nagar Parishad, Nawada on 8.9.2006 praying inter alia to expunge the name of her late husband from the record and to record the holding in her name. Aforesaid request has been rejected under orders dated 21.3.2007, Annexure-1 without giving any reasons for not recording the holding in the name of the petitioner, although from the Khatiyan, Anneuxre-13 it appears that the said holding has been recorded in the name of the petitioner under order - 2 - dated 21.3.2007. 3. It is submitted on behalf of the petitioner that the Executive Officer, Nawada was earlier inclined to record the aforesaid holding in the name of the petitioner but on account of persuasion of respondent nos.4 to 11, who are the brothers of her late husband, the Executive Officer passed the impugned order appreciating the fact that her husband had claimed only 1/8th share in the property as would appear from the plaint of Partition Suit No.154 of 2004, which is annexed as Annexure-A to the counter affidavit filed on behalf of private respondent nos.4 to 11. 4. Having appreciated the submission, this Court examined the contents of the plaint of partition suit No.154 of 2004. From schedule-1 of the aforesaid plaint it appears that holding No.252 ward No.5/11 main road, Nawada is not the subject matter of the aforesaid suit, as such, the relief claimed by the late husband of the petitioner in the said suit to the extent of 1/8th share in the schedule property will not bind the petitioner to claim only 1/8th share in holding No.252 ward No.5/11 main road, Nawada as the said holding is not the subject matter of the aforesaid suit. 5. In view of my discussions above, the order dated 21.3.2007 passed in Mutation Case No.58 of 2006-07 is set aside directing the Executing Officer, Nawada to record the aforesaid holding in the name of the petitioner. The recording of holding in the name of the petitioner shall, however, be subject to any amendment made in the judgment and decree passed in Partition Suit No.154 of 2004 as it is said by the counsel for private respondent nos.4 to 11 that on account of some mistake the holding in question could not be included in the schedule of the suit. 6. This writ application is, accordingly, disposed of. Rajesh/ (V.N.Sinha, J.) - 3 -