PATNA HIGH COURT ISSUES JUDGEMENT ON PAWAN KUMAR TIWARY V/S THE STATE OF BIHAR AND OTHER

PATNA, India, July 30 -- Patna High Court issued the following judgment on July 14:

Heard learned counsel for the petitioner and learned counsel for the State.

2. The present writ petition has been filed to challenge/set aside the order dated 22.05.2018 passed in B.L.T. Case No. 675 of 2016, by which the order passed by the Additional Collector, Ara, dated 16.06.2016 has been set aside, and the orders passed by the Circle Officer, Ara, as well as the D.C.L.R., Ara, have been approved.

3. Learned counsel for the petitioner submits that the petitioner is fully agreed that the final order passed in Title Suit No. 106 of 1994 shall be binding on all parties. However, at the same time, he submits that the Title Suit has been pending since 1994, and this fact has been completely ignored by the Bihar Land Tribunal, that the order of mutation was passed during the pendency of the Title Suit, in violation of Section 6(12) of the Bihar Land Mutation Act, 2011.

4. Learned counsel for the State submits that, from the facts, it transpires that the said mutation order was passed during the pendency of the Title Suit.

5. It transpires to this Court that, on the other hand, the Bihar Land Tribunal has held that the final verdict of the competent Court shall be binding on all concerned.

6. In this view of the matter, this Court hereby directs that since the dispute involves both gift and adoption, the Bihar Land Tribunal has rightly held that the order passed in Title Suit No. 106 of 1994 shall be binding on all concerned. However, it is admitted that the order passed by the Circle Officer was made in the year 2004-05, whereas the Title Suit has been pending since 1994. Therefore, it is clear in law that the mutation order was passed during the pendency of the Title Suit. As such, the said order passed by the Circle Officer, as confirmed by the D.C.L.R. in Mutation Case No. 1517 of 2004- 05 and Mutation Appeal No. 48 of 2006-07, shall be kept in abeyance, and no party shall take benefit of the said order till the final disposal of Title Suit No. 106 of 1994.

7. Accordingly, the present writ petition stands disposed off.

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