The court ruled that a decree from a Title Suit is not binding on parties who were not involved in the suit, necessitating fresh consideration of the land mutation application.

ORAL JUDGMENT

Heard the parties.

2. The petitioners are aggrieved by the order dated

24.05.2024 passed by the Member (Judicial), Bihar Land Tribunal, Patna in BLT Case No. 426 of 2021, by which the application filed by the petitioners has been dismissed and the order of the Collector, Begusarai dated 07.02.2020 passed in Mutation Revision Case No. 03 of 2015 has been affirmed.

3. From the materials available on record, it appears that the petitioners are claiming the land in question appertaining to Khata No. 114, Plot No. 110 comprising area of 4 Katha 4 Dhur 15 Kanwa and Khata No. 136, Plot No. 102 measuring 14 Dhur 4 Dhurki 5 Kanwa, Tauzi No. 345, Thana No. 459, Mauza Mobarkpur, at the strength of longstanding Jamabandi running in their names and, on the basis thereof, the Circle Officer, Begusarai mutated the land in favour of the petitioners. The afore-noted lands were purchased by the petitioners through sale deed executed on 12.08.2002 in their favour by Jamabandi raiyats. On the other hand, the private respondents are claiming the land on the basis of khatiyan running in their names and also on the basis of judgment and decree passed in Title Suit No. 49 of 2001.

4. Learned Advocate for the petitioners contended that the order of mutation is based upon the longstanding Jamabandi in favour of the Jamabandi raiyats. However, taking note of the judgment and decree passed in Title Suit No. 49 of 2001, the matter has been remitted back to the Circle Officer, Barauni, despite the fact that neither the petitioners nor their vendor were the parties in Title Suit No. 49 of 2001 and, as such, it is not binding upon the petitioners.

5. This Court has perused the order of the Collector and the order passed by the learned Tribunal, remitting the matter back to the Circle Officer, Barauni for passing order afresh.

6. Considering the fact that the matter has been remanded back to the Circle Officer, Barauni to pass a fresh order, this Court does not warrant any interference in the impugned order(s).

7. It is needless to observe that the Circle Officer, Barauni, shall consider all the documents and submissions of the petitioners while passing the order for mutation and dispose it of by speaking and reasoned order in accordance with law.

8. The writ petition stands disposed of.