JUDGMENT :

The matter has been heard with the consent of learned counsel for the parties through video conferencing. There is no complaint about any audio and visual quality.

I.A.No.3968 of 2021

Heard the parties.

This Interlocutory Application has been filed for expunging the name of appellant nos.1 and 2 namely, Patia Manjhian and Rupamani Manjhain, who are said to have been died on 23.09.2020 and 28.01.2021 respectively and for substituting the names of their heirs and legal representatives fully described in paragraph nos.2 and 3.

There is no opposition to the aforesaid application by filing any counter affidavit etc. or even by making any submission.

Having regard to the facts and circumstances mentioned in the Interlocutory Application, this application stands allowed.

Let the names of appellant nos.1 and 2 be expunged from the array of the appellants and their respective heirs and legal representatives fully described in paragraph nos.2 and 3 be substituted in their places.

It is noted that learned counsel for the appellants has claimed that he has filed the Vakalatnama on behalf of all the heirs and legal representatives of deceased-appellant nos.1 and 2.

It is further made clear that this order would be subject to objection, if any, raised on behalf of any of the parties or aggrieved persons in future.

L.P.A. No.620 of 2018

The instant intra-court appeal under Clause-10 of Letters Patent of Patna High Court is directed against the order/judgment dated 18.07.2018 passed by the learned Single Judge of this Court in W.P.(C) No.4107 of 2017, whereby and whereunder, the learned Single Judge has quashed the letter no.436 dated 22.06.2017 issued under the signature of Sub-Divisional Officer, Saraikella, respondent no.2 to the writ petition, whereby, the respondent no.3, the Circle Officer, Gamharia has been directed to take appropriate steps for giving possession of the land in question in favour of the respondent no.4, namely, Patia Manjhian within time and to inform accordingly as also letter no.1520 dated 04.07.2017 issued by the respondent no.3, the Circle Officer, whereby the writ petitioner has been directed to hand over the possession of the land in question in favour of respondent no.4, namely, Patia Manjhian and respondent no.5, namely, Rupmani Manjhian and further the order passed by the Land Reforms Deputy Collector dated 03.09.2015 passed in Mutation Appeal No.06/2012-13 has also been set-aside, having been passed without jurisdiction.

2. The brief facts of the case required to be enumerated as per the pleading made in the writ petition which reads as hereunder:-

It is the case of the respondent-writ petitioner that an application was made under the provision of Section 49 of the Chhotanagpur Tenancy Act, 1908, (hereinafter referred to as “the C.N.T. Act”) before the Deputy Commissioner, Saraikella-Kharsawan seeking permission for transfer of the land in favour of the writ petitioner for establishment of a Company, which was marked as T.A. Misc. Case No.12 of 2010-11.

The Deputy Commissioner, Saraikella-Kharsawan, has granted such permission vide order dated 06.08.2010 for transfer of the land in favour of the writ petitioner and thereafter, the writ petitioner had purchased 2.47 acres of land situated at Mouja-Srirampur, Thana No.48, pertaining to Khata No.19, Plot Nos.22, 24 and 26, area 0.22 acre, 0.15 acre & 0.32 acre, respectively, Khata No.32, Plot Nos.5, 6, 56, 57, 58, 59, 127, 128, 129, 130, 131 and 132, area 0.11, 0.25 acre, 0.11 acre, 0.27 acre, 0.47 acre, 0.07 acre, 0.03 acre, 0.12 acre, 0.05 acre & 0.27 acre, respectively, (Total 2.47 acres) from Late Balram Murmu, Late Gorkha Murmu and Jagaran Murmu by virtue of Registered Sale Deed No.4753/4738 dated 26.08.2010. The respondent-writ petitioner, thereafter, has made an application for mutation of the land in its favour, which was registered as Mutation Case No.864 of 2010-11 and accordingly, the land was mutated vide order dated 04.10.2010.

At this juncture, one Pat