IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.456 of 2008 BHANUMATI DEVI Versus THE STATE OF BIHAR & ORS ----------- For the appellant : Mr.Shivajee Pandey, Senior Advocate Mr. Lal Bahadur Pandey, Advocate ------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Dr. Ravi Ranjan ------ Dated, the 7th August, 2008 The principal reason that weighed with the Single Judge in setting aside the order of the Collector, Kaimur, Bhabhua, dated 7th June, 2005 was that it was passed without giving sufficient opportunity to the petitioner (respondent no.5 herein). 2. Having considered the matter thoughtfully, we find no justifiable reason to take a view different from that of the Single Judge as there is merit in the contention of the original writ petitioner that the order of the Collector suffers from violation of principles of natural justice. Remand of the matter to the Collector, Kaimur is, thus, not prejudicial as the appellant may put forth her case before the collector, Kaimur. 3. Moreover, it is pertinent to notice that mutation entry is only a fiscal entry intended for the purposes of payment of land revenue. We are informed that the partition suit is already pending - 2 - before the civil court. Obviously, right, title and interest of the parties in the property shall be determined finally by the civil court. 4. L.P.A does not deserve to be admitted. It is dismissed in limine, accordingly. R.M. Lodha, CJ Dr. Ravi Ranjan, J. Sunil