In ,
The court of L.R.D.C. ,
Sadar , Gaya
Mutation appeal no . - 2019
Tahsin Alam @ Tahsin Fatima ,w/o Md. Akram khan r/o – village –
Sahadev khap , p.s – Magadh University Bodhgaya , district – Gaya .--
---Appellant
Vr’s
1. Mithlesh Devi , w/o Late Raghunath Saran Singh
2. Nareshh singh
3. Bharat Singh alias Umesh Singh Both sons of Kapildeo Narayan
Singh , All resident of village – more , p.s. – mokama , district –
patna---------------------------------------------principal opposite party
4. Saroj Devi w/o Late Ganesh Singh , resident of village – more ,
p.s. – mokama , district – patna------------proform opposite party
Humble petition on
behalf of appellant
Most Respectfully Showeth –
1. That the appellant has purchased the land fit for residential
which is situated at Mohalla Katari Hill Road , Delha ,
Gusalkhana commonly known as Anta kothi Compound , Gaya
with-in , p.s. – civil lines , district – Gaya by virtue of registered
deed of sale vide deed no 12379 dated 05/08/2015 for Rs
13,11,000/- from proforma O.P. No- 4 , and the details of
which are fully described below in Schedule – A of this memo of
appeal which is also part of this memo of appeal and the same
is here-in-after land in dispute for opening of state demand in
place of principal O.P No -1 to 3 as recorded in the original
State Demand .
2. That after purchase the appellant filed mutation case no- 2782
of the year 2017-18 before Anchal Adhikari , Town Block Gaya ,
for mutating the name of appellant on the basis of registered
deed of sale dated 05/08/2015 .
3. That the case of appellant in short is that according to last
Cadastral Survey Khatiyan the land in question was recorded as
‘Kesare Hind ’ on which there was servant quator , kitchen
house , horse stadle and also residence of sub-deupty agent ,
tehta of the department of bihar and orisa public works and the
campetant authority issued bid letter no- 74093/1110 dated
09/05/1916 and auction sold was held on 25/05/2016 and as
such one Brahmdeo Singh s/o Late Saudagar Singh become
auction purchaser through registered deed of sale dated
12/04/1918 (vide deed no-967) and he come in prossession and
sale certificate was also canfirmed by the then collector
J.A.Habbak , I.C.S, Gaya and as such the name of Brahmdeo
Singh was also entered in the land register and he was
continued and remained in possession as a absolute owner till
his life time .
4. That the said Bramdeo Singh s/o Late Saudagar Singh died
leaving behind his two daughters namely (1)Kusum Devi w/o
Kapildeo Narayan Singh and (2) Daso Kuer alias Desrani Kuer
Later on , they orally partitioned the acquired property of their
father and equally divided by half and half .
5. That the said Kusum Devi and her husband died one after
another leaving behind his three sons namly (1) Naresh Singh
(2)Bharat Singh and (3) Ganesh Singh they further partitioned
and separated the landed property inherited and succeeded
from their father and they equally divided in three parts and
they came and remained in separate possession over separate
allotted area of the land of plot no-1617 .
6. That the said Ganesh Singh also died leaving behind his widow
most. Saroj Devi proforma opposite party no-4 and she come
and remained in peaceful possession of the entire property left
by her husband as a sale legal heirs and she had acquired right
title interest and possession for the same and she has got every
right to deal with the property and in order to meet her legal
necessity , the proforma O.P No-4 firstly prepared a rough
sketch map and divided the area of plot no 1617 by several
block numbers with giving the land for proposed ‘ Road ’ on
account of fast development of the Gaya city located within
Gaya municipal Corporation as a ward no 26 and there after
proforma O.P. No 4 sold Schedul –A property in question to
the appellant , who has applied for mutation on 10/07/2017 on
the basis of legal , valid , genuine registered deed of sale and
also on the basis of physical possession of the said vended
property but the learned Anchal-Adhikari , Town Block , Gaya
without considering the actual state of affairs properly and
without followed the procedure of law of mutation and
rejected the prayer of appellant on 15/07/2017 hence this
appeal .
7. That the learned Anchal Adhikari , Town Block Gaya passed
order behind the back of the appellant and also without giving
any information to the appellant and as such the order is anti
dated even though the appellant took all efford for getting
knowledge of the order but the appellant could not trace out
several months and finally appellant came to know about such
and dated order on for the first time on 20/06/2019
and he immediately filed chirkut on 20/06/2019 and copy of
order dated 15/07/2017 as well as report of the K.C. and others
issued on 25/06/2019 , hence this appeal has been filed within
30 days from the date of supplying certified copy of the order
along with others papers .
Being aggrieved at and dis
satisfied with the order dated
15/07/2017 in mutation case
no – 2782 passed by learned
Anchal Adhikari , Town Block
Chandauti , Gaya the appellants
begs to preper this memo of
appeal on amongst the
following .
GROUNDS
(A) For that the order of the court below has erred on both
facts or in-law and fit to be set-a-side .
(B) For that the order of learned court below is anti dated
without giving any knowledge to the appellant .
(C) For that the learned court below ought to have held
personal enquiry but no such action was taken himself and
also no reasonable opportunity was given to the parties
concerned to adduce evidence and heard the same and
disposed of the matter with in only 5days from the date of
filing application on 10/07/2017 and as such the section ‘ 6
’of Bihar Land Mutation Act 2011 and also its rule no-4 and-6
of Bihar Land Mutation Rules 2012.
(D) For that the order of court below is hasty in manner
which is illegal and not in accordance with the Law .
(E) For that the report submitted by K.C. and C.I. is also table
work , who never visited on the spot nor the learned Anchal
Adhikari invited any objection and the service report about
the general notice as well as concerned parties are also done
not duly and properly as such service report is insufficient
and as such it has been wrongly held that possession of the
land in question is not clear .
(F) For that the appellant has been coming in physical
possession from the date of purchase and the land in
question is suitable for making residential houses because
the land by several constructed residential houses of various
persons but the report of K.C. and C.I. is very silent .
(G) For the order of the court below is full of conjecture
and surmises and fit to be set a side .
Hence it is prayed that your honour
would be graciously pleased to
admit this memo of mutation
appeal , call for the entire case
record from the learned Anchal
Adhikari , Town Block , Gaya and
after hearing of the appellants
lawyer on the ground set forth
above besides other points also
urge at the time of hearing of this
appeal and be further pleased to
set –a-side the order dated
15/07/2017 passed in mutation
case no-2782/2017-18 passed by
learned Anchal Adhikari , Town
Block , Gaya in the ends of equity
and justice .
And for this your petitioner shall ever pray .
Schedule – A
Details description of the land for mutation in the name of
appellant which is situated at Mohalla- Katari hill road ,
delha gusalkhana road commonly known as anta kothi
compound , P.S- Civil lines , ward no 26 , past of Mohalla –
new karimganj , with in municipal corporation Gaya , Anchal
Chandauti , District – Gaya .
NEW NEW M.S. P. AREA A/D BOUNDRY
KHATA PLOT NO.
NO. NO.
1079 1617 13279 1360Sq. feet NORTH -
Equal to Block no
3.12dec. 20 niz
SOUTH –
Block no
24
EAST – 16’-
00” sixteen
feet road
WEST –
Block no
21
Note
Measurement –
North to south both side 33’-02”
East to west both side 41’-00”
In
The court of L.R.D.C. ,
Sadar , Gaya
Mutation Appeal no . /2019
Tahsin Alam @ Tahsin Fatima ----------------------------------Appellant
Vr’s
Mithlesh Devi & others --------------------------------------opposite party
Humble petition on behalf of
appellant u/s 5 of Indian
Limitation Act .
Most Respectfully Showeth :
1. That this appeal has been preferred against the learned
Anchal Adhikari , Town Block , Gaya in mutation case no –
2784/2017-18.
2. That the said order dated 15/07/2017 is anti dated and
without the knowledge of the appellant .
3. That the learned Anchal Adhikari , Town Block Gaya passed
order behind the back of the appellant and also without
giving any information to the appellant and as such the
order is inti dated even though the appellant took all efford
to getting knowledge of the order but the appellant could
not trace out several month and finally appellant came to
know about such and dated order on for the first
time on 20/06/2019 and he immediately filed chirkut on
20/06/2019 and copy of order dated 15/07/2017 as well as
report of the K.C. and others supplied on 25/06/2019 , hence
this appeal has been filed within 30 days from the date of
supplying certified copy of the order along with others
papers .
4. That the order passed by the learned Anchal Adhikari , Town
Block Chandauti is behind the back of appellant and also
without given any opportunity to the appellant and no
notice was issued either general notice or concerned parties
and everything was done without service of notice duly and
properly and order passed by him within only 5days from the
date of application for mutation , hence the order in clearly
hesty order which cannot be sustained .
5. That there is no deliberate lechase on negligence on the
part of appellant in not filing the appeal with in statutory
period .
Hence it is prayed that after
condoning the delay , this
memo of appeal may kindly
be admitted in the ends of
equity and justice .
And for this your petitioner shall ever pray .
In
The court of L.R.D.C. ,
Sadar , Gaya
Mutation Appeal no . /2019
Tahsin Alam @ Tahsin Fatima -----------------------------------Appellant
Vr’s
Mithlesh Devi & others --------------------------------------opposite party
AFFIDAVIT
I , Tahsin aalam @ Tahsin Fatima , aged years ,w/o Md. Akram
khan r/o – village – Sahadev khap , p.s – Magadh University
Bodhgaya , district – Gaya , Bihar do here by solemnly affirm and
declares as follows .
1. That I am appellant of this appeal and am fully aware with the
full facts and circumstances of the entire case .
2. That the contents of the memo of appeal from para 1 to 7and
grounds A to G and schedule A along with are ture to the best
of my personal knowledge and belief .
Verification
I , Tahsin Alam @ Tahsin Fatima
deponents do here by declare that
the entire contents of this affidavit
from 1 to 2 are true to the best of
my personal knowledge and belief .
Singned and verified at Gaya on , June of 2019.
Deponent
In
The court of L.R.D.C. ,
Sadar , Gaya
Mutation Appeal no . /2019
Tahsin Alam @ Tahsin Fatima -----------------------------------Appellant
Vr’s
Mithlesh Devi & others --------------------------------------opposite party
AFFIDAVIT
I , Tahsin Alam @ Tahsin Fatima ,aged years , w/o Md. Akram
khan r/o – village – Sahadev khap , p.s – Magadh University
Bodhgaya , district – Gaya , Bihar do here by solemnly affirm and
declares as follows .
1. That I am appellant of this appeal and am fully aware with the
full facts and circumstances of the entire case .
2. That the contents of the memo of appeal from u/s 5 of
Lilitation act para 1 to 5 are ture to the best of my personal
knowledge and belief .
Verification
I , Tahsin Alam @ Tahsin Fatima
deponents do here by declare that
the entire contents of this affidavit
from 1 to 2 are true to the best of
my personal knowledge and belief .
Singned and verified at Gaya on , June of 2019.
Deponent
