CourtKutchehry.com
Supreme CourtDivision Bench(2000) 10 SC CK 0063

Chattar Pal vs Mandir Thakurji and Others

Supreme Court Of India · Decided on 30 October 2000

HON’BLE JUDGES
U. C. Banerjee, J · G. B. Pattanaik, J
RESULT
Disposed Of
CASE NUMBER
Civil Appeal No. 6086 of 2000 (Arising out of SLP (C) No. 11431 of 1998)

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

5 paragraphs · 337 words
1.

Leave granted.

2.

This appeal is directed against the final order passed by the Revenue Authorities in a mutation proceeding which order stood affirmed by the High Court in dismissing the writ petition filed by the present appellant.

3.

The Assistant Collector, who was the original authority, granted mutation of the land in favour of the respondent by his order dated 26-7-1994 on the basis of a finding of the civil court as to the illegality of the lease which suit itself had been dismissed. Against the said order the present appellant preferred an appeal and the appeal having been dismissed, he moved the Revisional Authority. The Revisional Authority also dismissed the revision and as such he assailed the order unsuccessfully before the High Court in a writ petition.

4.

The sole question for consideration before us is whether the Assistant Collector was justified in ordering mutation in favour of the respondent without applying his independent mind to the materials on record relying upon certain findings of the civil court when the suit itself had already stood dismissed. The mutating authority is required to find out who was in lawful possession of the property on the date of his considering the application and that being the position and the said mutating authority not having applied his mind to the materials on record, the impugned order of the Assistant Collector dated 26-7-1994 cannot be sustained. We accordingly set aside the said order of the Assistant Collector as well as the appellate and revisional order therefrom and also the impugned order of the High Court and remit the matter to the mutating authority, the Assistant Collector, to reconsider the question and dispose it of on the basis of materials to be produced by the parties claiming mutation of the land in question. The said Assistant Collector would do well in disposing of the mutation proceedings within a period of three months from the date of the receipt of this order.

5.

The civil appeal stands disposed of accordingly.