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2019 DIGILAW 1676 (JHR)

Munna Oraon v. State Of Jharkhand Through The Chief Secretary, Government Of Jharkhand

2019-09-19

SUJIT NARAYAN PRASAD

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JUDGMENT Sujit Narayan Prasad, J. - This writ petition is under Article 226 of the Constitution of India whereby and whereunder a direction has been sought for upon the respondents to keep in abeyance the order dated 28.06.2018 passed by Deputy Collector, Land Reforms Sadar in Mutation Appeal No.77R15/2016-17 till pendency of the Mutation Revision No.36R15/2018-19 filed by the petitioner. 2. It is the grievance of the petitioner which led the petitioner to approach this Court by way of instant writ petition that a mutation proceeding being Mutation Case No.574R27/2016-17 has been initiated at the behest of the private respondent but the same was rejected against which private respondent preferred an appeal being Mutation Appeal No.77R15/2016-17 wherein vide order dated 28.06.2018 the order passed by the Mutating Authority in Mutation Case No.574R27/2016-17 dated 10.06.2016 has been reversed against which revision has been preferred by the present petitioner before the revisonal authority being Mutation Revision No.36R15/2018-19 but apprehending the adverse decision to be taken against the petitioner in pursuance to the order passed by the appellate authority in Mutation Appeal No.77R15/2016-17, the present writ petition has been filed for seeking a direction to keep in abeyance the order passed by the appellate authority in Mutation Appeal No.77R15/2016-17. 3. Learned AC to GP-V appearing for the State of Jharkhand has submitted that since the mutation revision is of the year 2018, as such, in order to settle the dispute it would be proper to direct the revisional authority to finally decide the revision. 4. This Court having heard the learned counsel for the parties and considering the contention agitated on their behalf is of the view that instead of passing an order of keeping in abeyance the order dated 28.06.2018 passed in Mutation Appeal No.77R15/2016-17, it would be just and proper to direct the revisional authority to decide the revision itself. 5. In view thereof, this Court, without entering into the merit of the claim of the petitioner, is disposing of the writ petition with a direction to the revisional authority that the Mutation Revision No.36R15/2018-19 shall be disposed of within a period of 03(three) months from the date of receipt of copy of the order. 6. Needless to say that if the private respondent has not appeared, his appearance is directed to be secured and only after hearing the parties, the order shall be passed in accordance with law.