ORDER :

1. Heard Mr. Rakesh Kumar Gupta and Ms. Satyakshi, counsels appearing on behalf of the petitioner.

2. Heard Mr. Sumeet Gadodia and Mr. Ritesh Kumar Gupta, counsel appearing on behalf of the respondent nos. 1 to 4.

3. Nobody appears on behalf of the Private Respondent.

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

“a. This Hon’ble Court may be pleased to quash the order dated 14-10-2015 passed by respondent no. 2 in Rev. Misc. Appeal No. 02/2014 (Annexure-3), whereby the learned respondent no. 2 has confirmed the order dated 21-07-2014 passed by respondent no. 3 in Revenue Misc. Appeal No. 03/2014 (Annexure-2) finding that it is not within the jurisdiction of revenue court to cancel the long standing mutation/jamabandi created in favour of Naresh Sk. (father of respondent no.5) in the year 1973, which is against the finding of respondent no. 2 who observed that entry of Naresh Sk in Register-II does not refer to any order of Anchal Adhakari, Pakur passed in any mutation proceeding and the learned Court failed to consider that such non reference of any mutation proceeding or order of Anchal Adhikari directing Mutation in the name of Naresh Sk renders the said entry by the Karamchari in Register-II on 19-07-2012 wholly forged, fabricated manipulations and tempering with the government records which amounts to criminal offence and renders the said entry a nullity void-ab-initio and non-existent in the eye of law;

b. This Hon’ble Court may be pleased to hold and declare that the finding of the Courts below that the entry of Naresh Sk in 1973 in Register-II is an error of record in view of the following:-

i. There is no order of 1973 of Anchal Adhakari, Pakur in any Mutation proceeding directing mutation in the name of Naresh Sk.;

ii. The Register-II form nowhere shows entry of Naresh Sk. In the year 1973. There is no signature of Karamchari of 1973. On the contrary signature of Karamchari is dated 19-07-2012 and this proves that entry of Naresh Sk in Resister II form is of 19-07-2012;

iii. There is clear finding at page-2 middle in the impugned order of Additional Collector dated 14-10-2015 (Annexure-3) that no rent was fixed of plot no. 191 by the L.R.D.C., Pakur in favour of respondent Kaifuddin Sk son of Naresh Sk in Rent Fixation Case No. 2-/2011-2012 by order dated 23-03-2012 and, therefore, the Register-II form prepared by the karamchari on 19-07-2012 showing payment of rent respect of plot no. 191 is rendered forged and fabricated and is a manipulation/tempering with the government records by the karamchari on 19-07-2012;

iv. The Register-II form mention a rent receipt number vaguely of 1973 of which the date of 1973 is not legible;

v. The Register-II form mention a rent receipt number vaguely of 1973 upto 2013-2014;

vi. The Register-II form does not show as to what amount by way of rent was paid in 1973;

vii. The Register-II form mentions about the payment of rent upto 2013-2014 and does not mention about the payment of rent and amount of rent from 1973 to 2013-2014;

viii. The number 639 (holding number) is much after the petitioner holding no. 355 and this amply proves that manipulation for carving out holding no. 639 is a recent attempt of 2012 i.e. on 19-07-2012;

ix. It relates to J.B. No. 360 where as plot no. 191 appertains to J.B. No. 350;

c. This Hon’ble Court may be pleased to quash the order dated 21-07-2014 passed by respondent no. 2 (Annexure-2) whereby he has set-aside the order of learned Circle Officer, Pakur, dated 30-08-2013 passed in Revenue Misc. Case No. 03/2013-2014 (Annexure-1) finding that due to the long standing mutation of Plot no. 191 since 1973 in favour of Naresh Sk. the prayer of petitioner for cancelling the mutation of Naresh Sk. is not sustainable in law, without appreciating the fact that the entry of the name of Naresh Sk. in Register-II does not refer to any mutation proceeding or mutation case number or any order passed for mutation by Anchal Adhikari in the name of Naresh Sk wh