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2021 DIGILAW 853 (JHR)

Amit Kumar Jha v. State of Jharkhand

2021-10-06

RAJESH SHANKAR

body2021
JUDGMENT : RAJESH SHANKAR, J. 1. The case is taken up through Video Conferencing. 2. At the request of learned counsel for the petitioner, the defect pointed out by the office is ignored. 3. At the request of learned counsel for the petitioner, the designation of the respondent No. 4 is directed to be corrected as “the Circle Officer, Sereikella-Kharsawan.” 4. Considering the present pandemic situation, the office is directed to make necessary correction in the cause title of the present writ petition. 5. The present writ petition has been filed for issuance of direction upon the respondent No. 4 to immediately dispose of Mutation Case No. 346 R27/2021-2022 instituted on an application dated 25.07.2021 (Annexure-5 to the writ petition) filed by the petitioner. Further prayer has been made for issuance of direction upon the respondents to mutate the land appertaining to Khata No. 63, Plot No. 189 (Area 16 Decimals), Plot No. 186 (Area 01 Decimal), Plot No. 68 (Area 16 Decimals), Mouza-Pampra, Thana No. 318, Halka No. 7, District-Seraikella-Kharsawan, measuring total area of 33 Decimals in favour of the petitioner. The petitioner has also prayed for issuance of direction upon the respondent No. 4 restraining him from proceeding further with Mutation Case No. 422 R27/2021-2022 (Annexure-6 to the writ petition) instituted on the application dated 07.08.2021 of the respondent No. 5. 6. Learned counsel for the petitioner submits that the petitioner, after paying due consideration to the vendor (Pancho Gope), purchased the said land by virtue of registered sale-deed No. 2096 dated 17.07.2021. Subsequently, in pursuance of General Power of Attorney No. 106 dated 14.07.2021, the respondent No. 5 purchased the land appertaining to Khata No. 63, Plot No. 186 (Area 21 Decimals), Plot No. 189 Part (area 912 Decimals), Mouza-Pampra, Thana No. 318, District-Seraikella-Kharsawan, measuring total area of 933 Decimals by virtue of registered sale-deed No. 2345 dated 29.07.2021. It is also submitted that the part of the land purchased by the petitioner by virtue of registered sale-deed No. 2096 dated 17.07.2021 has partially been overlapped by the land purchased by the respondent No. 5 by virtue of registered sale-deed No. 2345 dated 29.07.2021. Thereafter, the petitioner applied for mutation of the said land in his favour before the respondent No. 4 on 25.07.2021 which was registered as Mutation Case No. 346 R27/2021-2022. Thereafter, the petitioner applied for mutation of the said land in his favour before the respondent No. 4 on 25.07.2021 which was registered as Mutation Case No. 346 R27/2021-2022. Subsequently, on 07.08.2021, the respondent No. 5 also applied for mutation of the land purchased by him before the respondent No. 4 which was registered as Mutation Case No. 422 R27/2021-2022. The grievance of the petitioner is that the respondent No. 4 is not proceeding further with Mutation Case No. 346 R27/2021-2022 whereas Mutation Case No. 422 R27/2021-2022 is being promptly taken up by the said respondent. The petitioner thus apprehends that the mutation application, which was subsequently filed by the respondent No. 5 before the respondent No. 4, may hurriedly be disposed of by the said respondent. 7. Mr. A.K. Thakur, learned AC to AAG-III appearing on behalf of the State-respondents, submits that since both the mutation applications filed by the petitioner as well as the respondent No. 5 have duly been registered by the respondent No. 4, appropriate orders in accordance with law will be passed on the same. 8. Having heard learned counsel for the parties and keeping in view the petitioner’s apprehension that despite registration of his mutation case by the respondent No. 4 i.e. Mutation Case No. 346 R27/2021-2022, the said respondent may keep the same pending and subsequent mutation application filed by the respondent No. 5 i.e. Mutation Case No. 422 R27/2021-2022 may be disposed of by the respondent No. 4, without entering into the merit of the case, the respondent No. 4 is directed to simultaneously take up Mutation Case No. 346 R27/2021-2022 as well as Mutation Case No. 422 R27/2021-2022 and after providing due opportunity of hearing to the petitioner as well as the respondent No. 5, to dispose of the same in accordance with law, preferably within a period of two months from the date of receipt/production of a copy of this order. 9. The present writ petition is accordingly disposed of with the aforesaid direction.