JUDGMENT : DEEPAK ROSHAN, J. The instant writ application has been preferred by the petitioners praying therein for quashing of the order dated 28.04.2022 (Annexure-8) passed by the Deputy Commissioner, Gumla in Miscellaneous Appeal No. 25/2010-11 preferred by the respondent nos. 5 to 8 against the order dated 19.10.2010 passed by the respondent no. 3 in Mutation Appeal No. 6/2010-11; whereby the respondent no. 2 has allowed the said Miscellaneous Appeal No. 25/2010-11 by setting aside the order dated 19.10.2010 passed by the respondent no. 3 and directed the Circle Officer, Sisai to hand over the possession appertaining to land Mouza Kudra, Khata No. 144, Plot No. 890, area 0.69 acres in favour of respondent no. 5 to 8. Petitioners further pray for quashing of the order dated 29.10.2009 (Annexure-3) passed by the respondent no. 4, Circle Officer, Sisai in Mutation Case No. 229R27/2009-10; whereby the application for mutation of land Mouza Kudra, Khata No. 144, Plot No. 890, area 0.69 acres filed by the petitioners has been rejected on the ground that the Khatiyani Raiyat is disputing over the land. 2. Brief facts of the case as it appears from the pleadings are that the land under Khata No. 144, Plot No.890, Area 0.69 acres of Mouza Kudra, P.S Sisai, District-Gumla has been recorded as Bakast Bhuihari in the name Sukhan Oraon and Kocha Oraon. Kocha Oraon died issueless in jointness. Hence, the land in question and other land devolved upon recorded tenant Sukhan Oraon. In the year 1940 recorded tenant Sukhan Oraon had a son Baneya Oraon who sold the land in question in favour of Balmukund Sahu and since then he remained in peaceful possession over the land. Baneya Oraon S/o Sukhan Oraon initiated a proceeding under Schedule Area Regulation in the year 1975-76 as S.A.R. Case No.498/76-77 against Balmukund Sahu father of Baleshwar Sahu. On 29.11.1976 learned Presiding Officer has passed the order in favour of Balmukund Sahu and directed him that he would make available the similar quality of land in the same vicinity of the land in question to the applicant Baneya Oraon and this order has never been challenged by the applicant and attained its finality. 3. On 29.11.1976 learned Presiding Officer has passed the order in favour of Balmukund Sahu and directed him that he would make available the similar quality of land in the same vicinity of the land in question to the applicant Baneya Oraon and this order has never been challenged by the applicant and attained its finality. 3. It further transpires that pursuant to the order dated 29.11.1976, Balmukund Sahu with consent of his nephew Brahmdes Sahu executed a gift deed appertaining to the land of Khata No.138 plot No.259 area 0.71 acres village-Kurda, P.S. Sisai, District-Gumla in favour of Baneya Oraon through registered gift deed no. 2425/1976 dated 15.12.1976 Thereafter, on 28.05.1979 land in question was mutated in the name of Balmukund Sahu and Baleshwar Sahu in Mutation Case No. 5/1979-80 and rent receipt was issued (Annexure-1). On 28.08.2009 Baleshwar Sahu having valid right title, interest and possession transferred the land in favour of the petitioner no. 1 Sabir Hussain by virtue of registered sale deed. (Annexure-2) 4. The petitioner no.1 Sabir Hussain filed an application for mutation before the respondent no. 4 Circle Officer, Sisai vide Mutation Case No. 229R27/2009-10. On 29.10.2009 Mutation case was rejected by the Circle Officer, Sisai (Annexure-3). The petitioner no. 1 being aggrieved with the order dated 29.10.2009 passed by the respondent no. 4 preferred the Mutation Appeal No 6/2010-11. On19.10.2010 the said Mutation Appeal was allowed by the respondent no.3 (Annexure-4) On 25.10.2010 the land in question was duly mutated in the name of petitioner no. 1 and correction slip in his name was issued and thereafter he started paying rent to the Government (Annexure-5). 5. It further appears that the grandfather of respondent nos. 5 to 8 being aggrieved with the order dated 19.10.2010 passed by the respondent no. 3 preferred the Mutation Appeal No. 43/2010/TR10/10 (Mutation revision) before the Additional Collector. On 30.7.2013 said appeal (Mutation Revision)was dismissed by the Additional Collector and this order was never challenged and attained its finality.(Annexure-6). 6. Thereafter, the respondent nos. 5 to 8; grand sons of recorded raiyat filed the Misc. Appeal No.25/2010 before the respondent no.2 (Deputy Commissioner, Gumla) for calling the record of SAR Case NO.597/1976-77/TR No. 167/2010 and after hearing parties pass appropriate order. (Annexure-7). However, in midst of the proceedings, the respondent no. 5 to 8 filed their written arguments in Misc. Thereafter, the respondent nos. 5 to 8; grand sons of recorded raiyat filed the Misc. Appeal No.25/2010 before the respondent no.2 (Deputy Commissioner, Gumla) for calling the record of SAR Case NO.597/1976-77/TR No. 167/2010 and after hearing parties pass appropriate order. (Annexure-7). However, in midst of the proceedings, the respondent no. 5 to 8 filed their written arguments in Misc. Appeal No.25/2010 and changed the prayer of the main petition and stated that they filed the said misc. appeal against the order dated 19.10.2010 passed in Mutation Appeal No.06/2010 by the DCLR, Gumla and the order dated 19/10/2011 passed in Mutation Revision No. 10/2011 by the Additional Collector, Gumla. 7. It has been submitted by learned counsel for the petitioners that the respondent no. 2 without giving any specific finding has allowed the said Misc. Appeal by order dated 28.4.2022 and directed the Circle Officer, Sisai to hand over the possession in favour of the respondent no.5 to 8. He contended that the respondent no.2 has failed to consider that the said Miscellaneous Appeal against the order of restoration of land has been filed by the respondent nos.5 to 8 after lapse of 34 years after attaining finality of the said order. He further submits that provision of second revision U/s 17 of the Bihar Tenants Holding (Maintenance of Records) Act 1973 has been omitted; as such subsequent prayer of the respondent no.5 to 8 is not tenable in the eye of law. 8. Learned counsel further draws attention of this Court with respect to the fact that the respondent no.5 to 8 have also filed a Suit being Title Suit No.17/2014 against the sons Baleshwar Sahu as well as petitioner no.1 for declaration of right, title and interest and recovery of possession and the order passed in SAR Case No.597/1975-76 as well as the order passed in Mutation Appeal No.6/2010-11 & Mutation Appeal No.7/2010-11 dated 19/1/2021 to be declared without jurisdiction, which is still pending. (Annexure-9). He contended that the respondent no.2 has failed to consider that Baleshwar Sahu having valid right title, interest and possession transferred the land in favour of the petitioner no.1 Sabir Hussain by virtue of registered sale deed no.2156 dated 28/8/2009 and delivered the possession in his favour. (Annexure-9). He contended that the respondent no.2 has failed to consider that Baleshwar Sahu having valid right title, interest and possession transferred the land in favour of the petitioner no.1 Sabir Hussain by virtue of registered sale deed no.2156 dated 28/8/2009 and delivered the possession in his favour. He lastly submits that the respondent no.2 has erroneously given direction to the respondent no.4 to hand over the possession in favour of the respondent no.5 to 8 without giving any specific finding. 9. Having regard to the aforesaid factual matrix, wherein a Title Suit being Title Suit No. 17 of 2014 against the sons of Baleshwar Sahu as well as petitioner no. 1 for declaration of right, title and interest and recovery of possession is still pending, coupled with the fact that the action of Deputy Commissioner, Gumla converting mutation proceeding under Section 77-A of CNT Act, is per se illegal. As such, the present writ application deserves to be, and is, hereby allowed. The impugned orders dated 28.04.2022 (Annexure-8) and order dated29.10.2009 (Annexure-3) is quashed and set aside. 10. With the aforesaid observations, the instant writ application stands disposed of.