IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.6408 OF 2002 KRISHNA PRASAD CHOUDHARY SON OF LATE RAJA RAM CHOUDHARY, RESIDENT OF VILLAGE AND POLICE STATION GOGRI JAMALPUR, DISTRICT KHAGARIA ………………………………………………..PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR, KHAGARIA 3. THE DEPUTY COLLECTOR LAND REFORMS, GOGRI, DISTRICT KHAGARIA 4. THE CIRCLE OFFICER, GOGRI, DISTRICT KHAGARIA 5. BISWAJEET KUMAR JAISWAL, SON OF LATE RAJA RAM CHOUDHARY 6. BISHWABALLABH KUMAR JAISWAL, SON OF LATE RAJA RAM CHOUDHARY 7. PRAMILA DEVI, DAUGHTER OF LATE RAJA RAM CHOUDHARY 8. HIRAMANI JAISWAL, DAUGHTER OF LATE RAJA RAM CHOUDHARY 9. SUNITA JAISWAL, DAUGHTER OF LATE RAJA RAM CHOUDHARY 5 TO 9 ARE RESIDENT OF VILLAGE AND POLICE STATION GOGARI JAMALPUR, DISTRICT KHAGARIA 10. SANGEETA JAISWAL, DAUGHTER OF LATE RAJA RAM CHOUDHARY, AND WIFE OF SHRI PRADEED JAISWAL @ PAPPU, RESIDENT OF VILLAGE KITHA, POST OFFICE ISMAILPUR, POLICE STATION ISMAILPUR, DISTRICT BHAGALPUR ********** 6 17/09/2010 The petitioner is aggrieved by the orders passed by the Land Reforms Deputy Collector, Gogri, Khagaria and the Collector, Khagaria in the mutation proceedings. Raja Ram Choudhary had two wives. From his first wife, who pre-deceased him, he had one son who is the petitioner and his second wife was respondent no. 5, who died during the pendency of this writ application and was substituted by her sons and daughters. It is said that the wife of Late Raja Ram Choudhary had two or more daughters. During his life time, Raja Ram Choudhary partitioned his lands, allocating a share for 2 himself, his son and his two daughters. After the death of Raja Ram Choudhary, the petitioner filed a mutation case claiming that his name should be mutated on the lands belonging to his father. In support of the fact that there was a partition between the father, sons and two daughters, the respondents have produced affidavits which are contained in Annexures R/4 and R/5. These documents are not in dispute. The question before the Mutation Authorities was how the lands were to be allocated with respect to the share of the father. According to this Court, the lands in question ought to be divided equally between the sons, daughters and the wife of late Raja Ram Choudhary. I, therefore, quash the orders impugned, remand the matter to the Circle Officer, Gogri, Khagaria to hear the parties and allocate the shares to the petitioner and the respondents in accordance with law. This application is allowed with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )