Heard Mr. Shiv Kumar Singh, counsel appearing on behalf of the petitioners.

2. Heard Mr. Pratik Sen, counsel appearing on behalf of the respondent no.5.

3. Heard Mr. Ajit Kumar, counsel appearing on behalf of the respondent-State.

4. This writ petition has been filed for the following relief:

“For quashing of order dated 24/2/2003 passed by the respondent no.4 in Mutation Revision No.45/1998-99 whereby and where under the Mutation Revision filed by the petitioner under Section 16 of The Bihar Tenant’s Holding (Maintenance of Records) Act, 1973 against order dated 5/10/98 passed in Mutation Appeal No.2/1997-98, has been dropped illegally as not maintainable.

For quashing order dated 5/10/98 passed by the respondent no.2 Mutation Appeal No.2/1997-98 whereby and where under the aforesaid appeal filed by the respondent no.5 was allowed and the order dated 31/10/91 passed in T.K.M. case No.51 (M) 1988-89 whereby the respondent no.3 was pleased to mutate the name of the petitioner in respect to Town Khas Mahal Holding No.220 Plot Nos. 2280 and 2281 measuring a total area of 0.06 Dec has been illegally set aside.”

5. Counsel for the petitioners submits that the property involved in th