The petitioner has obtained 15.15 Ares of land based on a final decree passed in Ext.P2. Petitioner submits that pursuant to final decree the delivery has also obtained through court. Ext.P4 is the delivery report. Ext.P3 is the sketch appended to the final decree. The property mentioned in A schedule is the property belongs to the petitioner as per the final decree and delivered to him. The petitioner has approached the first respondent to effect mutation. By Ext.P6 proceedings the Village Officer sent a report to the Tahsildar there is only an extent of 14.11 Ares and mutation can be effected only in respect of 14.11 Ares and issued a report to the Tahsildar.
2. The mutation has to be effected based on the final decree of the civil court. Ext.P3 is the sketch in final decree. Ext.P4 is the delivery report. Ext.P3 clearly shows WP(C).No.31222/2014-C.
2 the measurement. It is not for the Village Officer to determine the extent of any property involved in a civil proceedings. Once a civil court decree is concluded by a valid decree, the Village Officer is bound by it. It is improper for the Village Officer to state that the property is only having an extent of 14.11 Ares. The only duty cast on the Village Officer is to verify the final decree and the delivery warrant and based on the final decree and delivery warrant, he is bound to effect mutation. Therefore, there shall be a direction to the Tahsildar, 2nd respondent to effect mutation based on the final decree and delivery warrant. Needful shall be done within a period of three weeks.
Writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (JUDGE) Kvs/-
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