- (1.) THE petitioner is aggrieved by the order dated 16.11.2010 passed by the Deputy Commissioner, Ranchi in Mutation Revision No.63, 64 and 65R15/2009 -10. Since the land and the parties to the sale transaction are the same and the facts and the issues involved are also same, all the writ petitions have been heard together and are being disposed of by this common order.
(2.) THE petitioner in all the writ petitions is purchaser of the portion of the land appertaining to Khata No.75, 45 and 85 of Mauza Hazam, P.S. Hatia, District Ranchi. The petitioner's case is that the said land was held and possessed by ex -landlord Lal Harak Nath Shahdeo of Mouza Hazam, P.S. Hatia, District Ranchi. The ex -landlord, through his grand son and duly constituted power of attorney namely Kisto Kali Nath Shahdeo, granted permanent raiyati settlement in favour of one Dr. Shiv Shankar Sahay Srivastava by virtue of registered deed dated 9.9.1947. On the basis of the said raiyati settlement, said Dr. Sahay came in possession of the land, paid rent to the ex -landlord and got rent receipts. After vesting of all the intermediary interests by virtue of provisions of Bihar Land Reforms Act, 1950, an enquiry was made and the said Dr. Shiv Shankar Sahay was recognized as raiyat by the State. Rent was fixed in respect of the settlement made in his favour and a demand was opened in his name. There was amicable partition in the family of Dr. Sahay by registered deed of partition dated 6.8.1971. On the basis of the aforesaid partition, the sons and the heirs of Dr. Sahay applied for mutation of their names in respect of the land allotted to their shares. The application was registered as Mutation Case No.52R27/1976 -77. After due enquiry and observing the legal formalities, the Circle Officer, Khijri allowed mutation in the name of the sons of Dr. Sahay in respect of the land allotted to them in partition by order dated 11.10.1976. Correction slip was, accordingly, issued to sons of Dr. Sahay. They also paid rent separately and rent receipts were issued in their favour since after the said order of mutation. The sons of Dr. Sahay subsequently sold the land to one Suresh Kumar Sarawgi son of Shri Tej Pal Sarawgi by virtue of registered sale deed dated 28.6.1995 and put him in possession of the land purchased by him. By order dated 20.3.2003 the Circle Officer, Khijri Anchal, Namkum allowed mutation in the name of Suresh Kumar Sarawgi and issued correction slip accordingly. Said Suresh Kumar Sarawgi, thereafter, sold the said land to the petitioner by virtue of three registered sale deeds dated 3.1.2008. The petitioner, thereafter, filed three applications for mutation according to the respective sale deeds. The said cases were registered as Mutation Case nos. 2294, 2295 and 2296R27/2007 -08. The Circle Officer heard and allowed mutation in respect of the land appertaining to Khata No.48, however rejected the petitioner's prayer for mutation made in respect of the land of Khata Nos. 45, 75 and 85.
(3.) THE petitioner, thereafter, preferred appeal against the said order of the Circle Officer before the Land Reforms Deputy Collector, Ranchi. The said appeals were registered as Mutation Appeal nos.31, 32 and 33R15/2008 -09. Learned Deputy Collector Land Reforms (DCLR) heard the parties and considered the relevant facts and materials on record and came to the finding that since the petitioner has acquired land from the same purchaser and the basis is also same, the order denying mutation in respect of the land of Khata nos.45, 75 and 85 is arbitrary and illegal. Learned DCLR allowed the appeals and the petitioner's prayer for mutation.;