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1984 DIGILAW 395 (PAT)

Dipnarain Chaudhary v. State Of Bihar

1984-11-20

HARI LAL AGRAWAL, YADUNATH SHARAN SINGH

body1984
Judgment H.L.Agrawal, J. 1. This writ application arises out of a mutation proceeding for correction of the records of rights initiated at the instance of the petitioners by mutating name of respondent No. 6 over a piece of land bearing plot No. 910 under khata No. 62 and plot No. 912 under khata No. 72, situated in village Bishunpur Kothai, P.S. Amarpur within the district of Bhagalpur. 2. The petitioners succeeded before the survey authority, who, by his order dated 28.3.1979 Annexure 9, decided the matter in favour of the petitioners, but on a matter taken to the higher authorities, the petitioners had lost at all stages vide orders dated 4.6.1974, 8.7.1977 and 24.4. 1979, contained in Annexures 10, 11 and 12, passed by the Deputy Collector, Land Reforms, Banka; the Additional Collector, Bhagalpur, and the learned Commissioner, Bhagalpur Division, Bhagalpur respondents No. 4, 3 and 2 respectively. 3. Undisputedly, during the pendency of this mutation proceeding, the Consolidation proceeding was started by the Government Notification dated 5.2.1973, Annexure 13. 4. One of the points taken by the learned Counsel for the petitioners is that by virtue of the provision contained in Sec. 4(c) of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956, the mutation proceeding would abate. The position is not disputed by respondent No. 6 in his counter-affidavit, rather, in paragraph 18, it has been contended that if the effect of the above provision would abate the consolidation proceeding then all orders passed against as well as in favour of the petitioners would abate. The stand of the respondent No. 6 in this regard appears to be correct in law, and accordingly it is held that the mutation proceeding will be deemed to have abated under the provision of the above jaw. All the orders passed in this respect contained in Annexure 9 to 12 will be accordingly deemed to be honest. 5. The petition is, accordingly, disposed of.