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2021 DIGILAW 122 (PAT)

Krishna Kumar Singh Arya v. State of Bihar, through the Principal Secretary, Land Reform and Revenue Department, Government of Bihar, Patna

2021-02-04

S.KUMAR, SANJAY KAROL

body2021
JUDGMENT : The present Letters Patent Appeal has been filed against the order dated 22.01.2019 passed by a learned Single Judge of this Court in C.W.J.C. No. 1305 of 2019 titled as Krishna Kumar Singh Arya @ Heera Lal Yadav Vs. The State of Bihar and Others. Having heard learned counsel for the parties as also having gone through the records of this case, we find no infirmity with the impugned order dated 22.01.2019 passed in C.W.J.C. No. 1305 of 2019 titled as Krishna Kumar Singh Arya @ Heera Lal Yadav Vs. The State of Bihar and Others. It is a settled proposition of law that mere mutation does not confer any right or title. Based on the entry of mutation in the Revenue record, more so when the State seriously refutes the appellant’s claim of title, this Court, in view of the disputed question of fact, cannot entertain the present appeal filed under Article 226 of the Constitution of India. As such, we find that the learned Single Judge has rightly dismissed the writ petition reserving liberty to the writ-petitioner, appellant herein, to take recourse to remedies by way of filing a Civil Suit. As such, the present Letters Patent Appeal, devoid of merit, stands dismissed. Interlocutory Application(s), if any, shall stand disposed of.