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2001 Supreme(Jhk) 764
Jharkhand High Court
S.J.Mukhopadhaya, J.
Ram Kumari Devi - Appellant
Versus
State Of Jharkhand - Respondent
WP(C) 5522 Of 2001, WP(C) 5523 Of 2001, WP(C) 5524 Of 2001
Decided On : 23 November, 2001
Headnote:Mutation Laws – On the ground of registration of the deed was done out side the state mutation of the land can not be refused by the circle-officer – he has simply to see possession of one or other petitioner for deciding the issue of mutation – petition disposed off. (Paras 2 & 3)
The Court
1. All the petitioners claim to have purchased certain respective piece of land from Shri Dhiru Bhal C. Dave by registered sale deeds No. 4839, 4840 and 4842 all dated 2.8.1996. Their grievance is that the respondent-Circle Officer, Dhanbad has not registered the applications for mutation of their respective land on the ground that the sale deeds were executed outside the State.
2. According to counsel for the petitioners. In terms with the decision of this Court in Smt. Bala Pandey and others, the State of Bihar and others, CWJC No. 2903/98 (R), disposed of on 26.6.2000 as affirmed by the Supreme Court vide its order dated 4.12.2000 passed in SLA (Civil) No. 8080/ 2000. the respondent- Circle Officer is only liable to see the possession of one or other petitioner to decide the question of mutation and cannot refuse to mutate the land on the ground that the registration was made at Calcutta.
3. It is a settled law that mutation of land/(sic) or jamabondi does not create any right and title in favour of one or other. It merely allows a person, to entered his name in Register II for the purpose of payment of rent. It is always open to the competent authority to determine as to whether the name should be entered in Register II or not taking into consideration the factual aspect relating to possession. However, if any application for mutation/Jomabandi is preferred by one or other person, the competent authority cannot refuse to register the case and is bound to decide it In one or other way.
4. In the facts and circumstances, the petitioners are given liberty to approach the Circle Officer, Dhanbad and may prefer fresh petition for mutation of land in question.
5. If any such application is preferred by petitioners within one month, the Circle Officer. Dhanbad will entertain, register them and will pass appropriate reasoned order after notice and hearing the concerned parties, in accordance with law, preferably within three months from the date of receipt of representation.
6. It may be mentioned that this Court has not decided the individual claim of petitioners on merit.
7. All the writ petitions stand disposed of. with the aforesaid observations/directions.
8. Petitions disposed of with directions
