DASHRATH YADAV AND ANOTHER Vs. STATE OF JHARKHAND AND OTHERS
LAWS(JHAR)-2017-4-140
HIGH COURT OF JHARKHAND
Decided on April 20,2017

Dashrath Yadav And Another Appellant
VERSUS
State Of Jharkhand And Others Respondents

JUDGEMENT

Aparesh Kumar Singh, J. - (1.) Heard learned counsel for the Petitioner, Respondent State and Private Respondents.
(2.) The grievance of the petitioners is in relation to Annexure-6, order dated 27.11.2013 passed by the Additional Collector, Chatra whereby he has transferred the Mutation Revision Case No. 15/2011 to the Court of learned Deputy Commissioner, Chatra. According to the petitioner Deputy Commissioner, Chatra has treated the revision petition as appeal. It is the contention of the petitioner that the original order in Misc. Case No. 16/2010-11 instituted on the basis of an application by the private Respondents in respect of the land pertaining to Khata No. 39 of village Karma, P.O. Mandhania, P.S. Itkhori now Mayurhand, District Chatra was passed on 28.2.2011 by the Circle Officer, Itkhori (Annexure-3) observing that the private Respondent should approach the competent Court of civil jurisdiction for declaration of their title. The learned Land Reforms Deputy Collector, Chatra rejected the Revenue Appeal No. 33/2011 by order, dated 14.10.2011 confirming the order of the Circle Officer.
(3.) It is contended that name of petitioners have rightly been entered into in Register-II while the private Respondents were directed to approach the competent Court of civil jurisdiction for declaration of their title. Thereafter a revision petition was preferred by the private Respondents being Mutation Revision Case No. 15 of 2011 before the Additional Collector, Chatra who kept the matter pending for more than 2 years and finally transferred it by the impugned order to the Court of Deputy Commissioner, Chatra. Despite objections taken, learned Deputy Commissioner, Chatra has treated the revision as appeal. Therefore, petitioners have approached this Court.;


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