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2022 Supreme(Pat) 274

ASHUTOSH KUMAR, ANJANI KUMAR SHARAN
Shashibhushan Jha S/o Late Ramji Jha – Appellant
Versus
State of Bihar through Collector, Begusarai – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. Siddhartha Prasad, Advocate Mr. Om Prakash Kumar, Advocate Mr. Sumit Kumar, Advocate
For the Respondents:Mr. Rajni Kant Jha, Advocate Mr. Arun Kumar Bhagat, AC to AAG-12

JUDGMENT :

Ashutosh Kumar, J.

Heard Mr. Siddhartha Prasad, learned counsel for the appellant and Mr. Rajni Kant Jha, learned counsel for Private Respondent No. 6.

2. The appellant had purchased a land vide sale-deed dated 08.12.2014 from one Late Ram Chandra Das, of whom, the Private Respondent No. 6 claims to be his disciple. A mutation case was filed by the appellant vide Mutation Case No. 995 of 2014-15 for recording his name in the record of rights on the basis of sale-deed. The aforesaid request was rejected by the Circle Officer by order dated 16.04.2015 on the ground that the possession and the sale-deed appeared to be doubtful. This was challenged by the appellant before the DCLR vide Mutation Appeal No. 14 of 2015-16 on the ground that it was absolutely unjustified for the Circle Officer to have doubted the correctness of the sale-deed as he was not authorized to do the same. The mutation appeal was allowed and the order of the Circle Officer was set aside. This led to filing of revision by Private Respondent No. 6 before the Additional Collector vide Mutation Revision Case No. 30 of 2016-17 which was allowed by the order of the DCLR in favour of the appellant was set aside.

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