- (1.) Seeking a direction upon the respondent-Circle Officer, Tandwa for mutation of 40 acres land comprised in Khata No. 87, Plot Nos. 408 and 1048 in the name of the petitioner, the present writ petition has been filed.
(2.) The petitioner claims right, title and interest over the said land through a Sada Hukumnama which was granted by the ex-landlord namely, Pandey Samo Singh in favour of the grandfather of the petitioner on a Salami of Rs. 150/-. The grandfather of the petitioner paid rent upto 1956-57 however, thereafter, the State stopped issuing rent receipt and therefore, the father of the petitioner approached the Divisional Forest Officer, Hazaribagh for demarcation of the land. The Divisional Forest Officer vide order contained in letter dated 07.04.1982 declined to demarcate the land and in turn a criminal case under Section 33 of the Indian Forest Act, was lodged against the petitioner and others vide U.C. Case No. 832 of 1983 . Finally, vide judgment and order dated 10.07.1984 in U.C. Case No. 832 of 1983 (corresponding to T.R. No. 501 of 1984), the petitioner was acquitted of the criminal charge framed against him. Thereafter, the petitioner made representation to the authorities and sent representation dated 06.02.2006 through post to the Circle Officer, Tandwa. The petitioner thereafter also submitted several representations however, the land in question has not been mutated in his name. Constrained, the petitioner has approached this Court.
(3.) Mr. Rahul Gupta, the learned counsel for the petitioner submits that, issuance of rent receipt in the name of the grandfather of the petitioner is an evidence disclosing possession of the ancestors of the petitioner over the land in question. The Circle Officer under the Bihar Tenants Holdings (Maintenance of Records) Act, 1973 is required to ascertain physical possession of the applicant with respect to the land for which application for mutation has been filed. Alleging arbitrary action of the Circle Officer, the learned counsel for the petitioner seeks a direction upon the respondent for mutation of the aforesaid land in the name of the petitioner.;