TITLE: Chinta Devi & Anr. v. The State of Bihar & Ors.
Decided on: 27-06-2023
CWJC No: 1095/2023
Coram: HONOURABLE MR. JUSTICE DR. ANSHUMAN
Facts of the case:
The present writ application has been filed for setting aside the order dated 18.12.2022 passed by Circle Officer, Bihiya in Mutation Case No. 2214 of 2022-23. The counsel for the petitioners submits that he has moved earlier before the Circle Officer, Bihiya bearing Mutation Case No. 638 R27/2021-2022 which was dismissed on 25.08.2021 on the ground that the petitioners were not present on the said date.
Thereafter the petitioners have preferred Mutation Appeal No. 102 of 2021-22 which was allowed and matter was remanded back vide order dated 30.08.2022. Upon remand the Circle Officer, Bihiya has assigned a new name of this case as Mutation Case No. 2214 of 2022-23 and the said order has been passed on 18.12.2022. Counsel for the petitioner further submits that the present order passed by Circle Officer, Bihiya in Mutation Case No. 2214 of 2022-23 is appellable under the Mutation Act, 2011 but since petitioners are females and private respondent particularly respondent IIIrd set, on whose instance this dispute is continuing, is powerful muscleman of the locality and it is due to this reason the relief for police protection has also been demanded by the petitioners.
The Learned counsel for the State submits that the order passed by the Circle Officer, Bihiya is appellable under the Statute. He further submits that from the record of the case, the petitioners themselves admit that criminal proceeding under section 144 of Cr.P.C. was going on for the said land. Counsel further submits that there is no such exemption given in law that for a female, there shall be exemption of Statute.
Analysis of the court and decision:
Upon going through the submissions of the parties, this Court is of the firm view that when statutory appeal is permissible under law then the petitioner ought to prefer appeal. So far as life of protection is concerned, the petitioners are free to file F.I.R. against wrong doers, if there is apprehension of breach of peace they are free to take action under Cr.P.C. against wrong doers.
With the aforesaid direction, the present writ petition is hereby dismissed with liberty that the petitioners may prefer appeal. Delay, if any, is hereby condoned.
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