Baijnath Prasad Snehi College of Education vs The State of Jharkhand & Ors.

Heard counsel for the petitioner and the State.

Petitioner after having purchased a piece of land bearing plot no. 2634 under khata no. 36 and plot no. 2488 under khata no. 150 at village Balkapi having area of 4.5 and 4.0 decimal respectively through sale deed dated 03.02.2010 (Annexure-1), has applied for mutation before the Respondent No. 3 - Circle Officer, Barkatha, Hazaribagh. The Mutation Case No. 16/2016-17 is still pending, as per the report available on Internet vide Annexure-4. Accordingly, she has prayed for a direction upon the Respondent No. 3 to pass appropriate order on her application.

Counsel for the Respondent State is present and submits that instructions have not been furnished in the matter, which has been filed in the last month itself, but appropriate direction can be issued upon the Respondent No. 3 for taking a decision in the matter in accordance with law, after due verification of the instrument of sale, evidence of title and possession, etc. on the part of the applicant.

Having considered the submissions of the parties and the relevant material facts discussed herein-above, at this stage, without getting into the merits of the claim of the petitioner, writ petition is disposed of with a direction upon the Competent Authority / Respondent No. 3 - Circle Officer, Barkatha, Hazaribagh to take a decision on the application of the petitioner being Mutation Case No. 16/2016-17after due notice to the affected parties, in accordance with law, after due verification of all relevant records and provisions of Bihar Tenants Holdings (Maintenance of Records) Act, 1973, within a reasonable time, preferably sixteen weeks from the date of receipt of a copy of this order.