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PATNA HIGH COURT
Radha Mohan Prasad, J.
Sri Kedar Singh
Versus
State Of Bihar
CIVIL WRIT JURISDICTION CASE No. 6796 of 1990 ;
Decided On : JULY 20, 2001
Mutation Case - Municipal Register - 1978 BCCJ 530, AIR 1970 S.C. 1273, State of Bihar vs. Ram Dayal Missir, Devaraji Pillai V/s. Shellaya Pillai - The court discussed the power of review of an order of a judicial or quasi-judicial nature, emphasizing that it must be conferred by law and cannot be exercised by an officer who was not vested with such power under the statute. The court cited relevant case law to support its decision to set aside the impugned order and directed the aggrieved party to seek remedy in the civil court of competent jurisdiction.
Fact of the Case:
The petitioner's name was entered in the Municipal register as the occupier and holder of certain holdings, but a subsequent petition for mutation of name by respondent no. 3 led to a review and recall of the earlier order by the Special Officer. The petitioner challenged the jurisdiction of the Special Officer to review the order.
Finding of the Court:
The court found that the Special Officer had no power to review the earlier order and that the appropriate remedy for the aggrieved party was to seek relief in the civil court of competent jurisdiction.
Issues: Disputed question of title, jurisdiction of the Special Officer to review the earlier order
Ratio Decidendi: The power to review an order of a judicial or quasi-judicial nature must be conferred by law and cannot be exercised by an officer who was not vested with such power under the statute.
Final Decision: The writ petition was allowed, the impugned order was set aside, and respondent no. 3 was directed to seek remedy in the civil court of competent jurisdiction.
Radha Mohan Prasad, J.
1. This writ petition is directed against the order dated 4.9.1990, contained in Annexure-1, passed by the Special Officer, Bihar Municipality (respondent no. 2) in Mutation Case No. 12/1990-91 by which the eariier order dated 7.1.1969 passed by his predecessor in Case No. 416/220 of 1967-68 has been reviewed and recalled and has accorded the approval for recording the name of respondent no. 3 in the register of Municipality with respect to Holding Nos. 514 and 515 of Ward No. 5.
2. In short, the case of the petitioner is that his name has been entered in Municipal register of the Bihar Municipality Bihar Sharif as occupier and holder of Holding Nos. 514 and 515 in Ward No. 5 of Mohalla Laheri, Town Bihar Sharif and is coming in possession since last several decades. According to the petitioner, in the assessment register of the Municipality of the year 1943-44 joint name of Smt. Laxmi Devi and Smt. Sheo Kumari Devi, both daughters of Gopi Singh was entered and Laxmi Devi is the aunt of the petitioner. In the register of assessment year 1960-61, Holding No. 514 was recorded in the name of Kedar Singh, the petitioner. The petitioner and his aunt Laxmi Devi got a notice with regard to Holding No. 314 (old) and 514 (new) and annual rental was fixed after final assessment was made in their favour.
3. On 6.2.1988 Ramdeo Singh (respondent no. 3) alongwith his brothers Fakira Singh and Heera Singh and Ishwar Singh, S/o Late Ghutan Singh filed a petition for mutation of their name with regard to the said Holding Nos. 514 and 515 which was numbered as Mutation Case No. 416/220 of 1967-68. After registering said mutation case the Special Officer issued a show cause notice against the petitioner on 5.7.1968, vide Annexure-4. On 29.10.1968 the petitioner filed his show cause and thereafter on 22.11.1968 the Special Officer inspected holdings in question and recorded the statement of witnesses in presence of both the parties, and their lawyer and prepared a report. According to the petitioner, the statements of Mostt. Laxmi Kuer, Most. Sanmukhi Kuer (mother of respondent no. 3), Sri Bisheshwar Bhagat, son of Late Sri Karo Mahto of Mohalla Laheri, Sri Jagannath Prasad Gupta, Son of Sri Ramji Sah of Holding No. 510, Ward No. V and Shri Ram Nath Prasad, Son of Sri Bhagwan Das occupier of Holding No. 315, Ward No. V, were taken. In course of enquiry, he also recorded the statement of Sri. Barmeshwar Nath Verma and Sri Arjun Prasad, who stated before the Special Officer that used to pay rent to Mostt. Sheo Kumari Kuer in her life time and after her death they paid certain amount towards rent to the petitioner. It is stated that the name of the petitioner was entered in the Municipal register as far back as in the year 1960-61 and also in the year 1965- 66 his name was entered in respect of the above holdings, On 7.1.1969, Sri C.P.Mandal, the then Special Officer, held that so far title in respect of Holding No. 514 is concerned, it is already recorded in the Municipal register as far back as 1960-61 and even in the assessment during 1964-65, the title of the petitioner was not challenged and ultimately his name was recorded in the Municipal register. Even after the final publication of the assessment roll, no challenge was preferred by respondent no. 3 Ramdeo Singh and by order dated 7.1.1969 the prayer for mutation of Ramdeo Singh and others was rejected and they were directed to file civil suit if so advised. The petitioner has also annexed photo copies of rent receipts granted to him upto 1990 as Annexures 7 series and also photo copies of the receipts in respect of water connection and electric disconnection have been annexed as Annexures 8 series. It is also stated that the Municipality filed a suit against the petitioner for realisation of rent from the year 1967-1981 and rent was realised from him by the Municipality. However, after a lapse of 21 years all on sudden respondent no. 3 filed a fraudulent petit
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