Research › Search › Judgment

Patna High Court · body

2020 DIGILAW 9 (PAT)

Ajay Mandal v. State of Bihar

2020-01-06

AHSANUDDIN AMANULLAH

body2020
Ahsanuddin Amanullah, J. – Heard learned counsel for the petitioner and learned SC 25 for the State. 2. The petitioner has moved the Court for the following relief: – “For a direction to the Respondent authority to disposed of the Mutation application pending before the Respondent No. 4 bearing Application No.4616 Case No.1166R27/2019-2020 dated 12.07.2019 of Anchal Nathnagar, Mauza Raghopur, Thana No. 8, Khata No.463, Khesra No. 466 appertaining area 4 Acre 121.875 decimal of land mutated in the favour of the petitioner, but till date nothing has been done.” 3. Learned counsel for the petitioner submitted that he has applied for mutation of the land which belongs to his ancestors. 4. Learned counsel for the State submitted that from the pleadings itself it appears that the grand-father of the petitioner is said to have been given possession of the land for cultivating after giving usufruct to the ex-landlord. It was submitted that in such view of the matter after abolition of Zamindari, unless the ex-landlord has filed his return showing the grand-father of the petitioner as settlee, no raiyati right shall accrue and the land would automatically deem to have vested in the State. However, he submitted that the authorities may be directed to look into all aspects and take a decision in accordance with law. 5. In the aforesaid view of the matter, the writ petition stands disposed off with a direction to the respondent no. 4 to take appropriate steps with regard to the application filed by the petitioner for mutation of the land in question. The respondent no. 4 shall ensure that all aspects of the matter are taken into consideration, especially with regard to the nature of the interest the grand-father of the petitioner possessed in the land and whether such interest of the ex-landlord was duly and legally transferred to the grand-father, in accordance with law, especially under the provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961, as also the provision relating to mutation, like issuing of public notice calling for objection etc. It is clarified that the Court has not expressed any opinion on the merits of the matter. 6. The exercise be completed within two months from the date of production of a copy of this order before the respondent no. 4.