An entry in the municipal survey does not create any title.

Binod Kumar Roy, J.

1. This writ application has been filed by the petitioners for quashing the order dated 17/26.12.1980 passed by the Settlement Officer, Bhagalpur (respondent No. 3) in Appeal Case No. 575 of 1979 directing respondent No. 2 to record the name of Anabad Sarvasadharan in regard to Order 0.24 hectare of land of Municipal Khasra No. 1647/2693 appertaining to Municipal Survey Khata No. 1943 of Bhagalpur under the provisions of the Bihar and Orissa Municipal Survey Act, 1920 (hereinafter referred to as the Act.)

2. The relevant facts are short.

3. Hashmat Ali Khan and Basharat Ali Khan (respondent No. 4) filed an objection before the Assistant Superintendent of Municipal Survey, Camp Bhagalpur (respondent No. 2) impleading the petitioners as opposite party, in regard to one bigha of land of Khasra No. 2693 appertaining to Khata No. 1943. In support of their objection, they relied upon a registered deed of Buzidawa dated 27.2.1979 executed by Hassan Ali in favour of respondent No. 4 in regard to four kathas of land bearing holding No. 66 which was earlier numbered as holding No. 63 in the Municipal registers. Earlier holding number for the same was 39 which stood recorded as house and parti in the name of Ismat Ali Khan. It was also claimed that the disputed plot is part of their plot No. 1645. They further asserted to the effect that the writ petitioners had no document in connection with the land in question.

4. The writ petitioners claimed that Khasra No. 18080, area 2 kathas 17 dhurs in the municipal survey of the year 1903 stood recorded in the name of Tasdique Ali and Sharafat Ali and since the land was vacant (parti), no holding number was mentioned. Their ancestors had not transferred the land in question. The applicants do not possess any document in regard to the lands in question.

5. The Assistant Superintendent-cum-Assistant Settlement Officer, Bhagalpur (respondent No. 2) made a local inspection. During inspection he found M.S. plot No. 2693 as vacant. By an order dated 19.8.1979, as contained in annexure-2, he rejected the objection holding that the State of Bihar has not claimed to record its name as "Anabad Sarvasadharan."

6. Basharat Ali Khan (respondent No. 4) went up in appeal which was registered as Appeal Case No. 575 of 1979. The said appeal was dismissed by respondent No. 3 by his order dated 26.12.1980 as contained in Annexure-1 directing that the land in question be entered in the name of "Anabad Sarvasadharn" and its nature as vacant Imambara. While doing so, he also rejected the claim of the writ petitioners.

7. Mrs. Sheema Ali Khan, learned counsel for the. petitioners, submitted as follows:

(i) The order of the appellate authority, as contained in Annexure-1, is without jurisdiction as no appeal lies against the order as contained in annexure-2.

(ii) The lis before respondent No. 3 being only confined as to whether the objection of the respondent No. 4 was illegally disallowed by respondent No. 2, respondent No. 3 has committed an apparent error of law in directing recording the Khata as Anabad Sarvasadharan" in absence of any objection by the state of Bihar

8. Sec. 15-A of the Act runs as follows:

15-A. Power to make rules-The State Government may, by rule made after previous publication, provide for- (a) all matters by this Act required or expressly or impliedly authorized to be prescribed;

(b) any other matter in respect of which in the opinion of the State Government, sufficient provision has not been made in this Act for carrying out the purpose thereof.

9. In exercise of the powers conferred by Sec. 15-A of the Act, the Government of Bihar and Orissa framed rules to carry out the object of the Act by publishing a notification being No. 3790-M, dated 24.4.1921 through the Ministry of Local Self, Government. Rule 15 of the Bihar and Orissa Municipal Survey Rules runs as follows:

15(1) Every appeal against the order of an Assistant Superintendent of Survey,- (a) disposing of