Pending title suit precludes mutation orders by authoritative bodies, ensuring adherence to due process and natural justice.

JUDGMENT :

DR. ANSHUMAN, J.

Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the private respondent.

2. The present writ petition has been filed for quashing Letter No. 327-2, dated 10.05.2019, issued by the Circle Officer, Pratapganj (Annexure-1), whereby the Circle Officer has cancelled the Jamabandi of the petitioners in respect of the land in question, allegedly in collusion with the private respondent, on the pretext of compliance of the order dated 21.01.2019 passed in CWJC No. 12103 of 2016 (Bhupendra Lal Das v. The State of Bihar & Ors.) by this Hon’ble Court.

3. Learned counsel for the petitioners submits that the petitioners had filed B.L.D.R. Case No. 13 of 2012 before the Court of D.C.L.R., Birpur, which was allowed in their favour on 19.04.2012. Counsel further submits that the private respondent preferred B.L.D.R. Appeal No. 198 of 2012 before the Commissioner, Kosi Division, Saharsa, which was dismissed on 26.12.2014. Being aggrieved and dissatisfied with the order passed in B.L.D.R. Appeal No. 198 of 2012, the private respondent preferred B.L.T. Case No. 106 of 2015, which was disposed of on 10.05.2016 with a direction to decide the question of title through the competent Civil Court.

4. Thereafter, the private respondent filed CWJC No. 12103 of 2016 before this Hon’ble Court against the said order, which was disposed of on 21.01.2019 with specific direction to dispose of the case in light of Maheshwar Mandal & Anr. v. The State of Bihar & Ors., reported in 2018 (3) PLJR 1007 and allowed to the extent that the decision of the Deputy Collector, Land Reforms, on the question of title shall not be treated to be an adjudication on respective right, title and interest of the parties, and directed that the parties shall be free to approach the Civil Court of competent jurisdiction for adjudication of their disputes.

5. Counsel further submits that the petitioners, in compliance with the aforesaid direction, filed Title Suit No. 34 of 2019 before the Court of Sub-Judge, Birpur on 28.03.2019 for declaration of right and title over the land in question. Counsel further submits that during the pendency of the aforesaid Title Suit, the Circle Officer, Pratapganj, in collusion with the private respondent, cancelled the Jamabandi of the petitioners under the pretext of compliance with the order dated 21.01.2019 passed in CWJC No. 12103 of 2016. Counsel also submits that the Circle Officer passed the impugned order without issuing any notice to the petitioners, and as such, the said order has been passed in gross violation of the principles of natural justice. It is further submitted that the proceeding was initiated against the father of the petitioners, who had already died. Counsel further submits that the petitioners have more respect of the order passed by this Hon’ble Court to resolve the dispute through the competent Civil Court. However, instead thereof, the concerned authority has taken a shortcut route by adopting illegal means.

6. It is also submitted that although the notice was issued on 03.04.2019, the mutation order was passed on 10.05.2019 and published vide Letter No. 327-2 dated 10.05.2019. Counsel submits that the said mutation order is in gross violation of the provisions of the Mutation Act, as no such order could have been passed during the pendency of the title suit. Counsel submits that, in any view of the matter, the impugned order is bad in law.

7. Learned counsel for the State submits that by the impugned letter, it transpires th