IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15443 of 2006 SUNIL GIRI Versus THE STATE OF BIHAR & ORS For the petitioner : Mr. Prabhunath Roy(Sr. Adv.), Mr. Basant Kr. Singh, Advocate. For the private Respondent : Mr. S.S. Dwivedi(Sr. Adv.) Mr. Ravi Kr. Dwivedi, Advocate. For the State : M/S R.K.Choubey(GP-VII), Prashant Kr. Choudhary(JC to GP- VII) ----------- 2. 8.8.2008. Heard learned counsel for the petitioner, State and the counsel for private Respondent No.5. 2. Petitioner is aggrieved by the order dated 20.2.2002 passed by the Anchal Adhikari in Mutation Case No. 568 Ka of 2001- 02, whereunder mutation of the lands in question has been allowed in favour of Shri Shankar Bhagwan Das Jee in the light of the dedication made under the registered deed dated 1.6.1960, Annexure-1, which order has also been affirmed by the Deputy Collector, Land Reforms, Areraj under order dated 2.7.2003, Annexure-4, as also by the learned Collector, East Champaran under order dated 11.10.2006 passed in Revision Case No. 8 of 2003-04, Annexure-5. 3. Counsel for the petitioner with reference to the deed of dedication dated 1.6.1960 bearing registration No. 6957 submitted that the order whereunder mutation was allowed as also affirmed in appeal and revision proceeds on a misreading of the deed of dedication as under the deed of dedication the lands in question were dedicated in favour of Lord Shri Shankar Bhagwan Jee and mutation ought to have been allowed in the name of Shri Shankar Bhagwan Jee and not in the name of the Sewait, Shri Shankar Bhagwan Das Jee as has been done under the impugned orders. - 2 - 4. Counsel for the private Respondent No.5 submitted that the learned Collector having seen the original deed of dedication as also compared the same with the register maintained in the registry office, passed the revisional order dated 11.10.2006, Annexure-5. Perusal of the said order dated 11.10.2006, however, does not indicate that the learned Collector had perused the original deed of dedication along with the register, as such, I deem it expedient to set aside the order passed by the Collector dated 11.10.2006, Annexure-5 and remit back the matter to the Collector, East Champaran directing the parties to appear before the learned Collector on 15.9.2008 whereafter the learned Collector will fix a date and call for the original register and compare the same with the certified copy of the document dated 1.6.1960 bearing registration No. 6957 and pass appropriate orders in accordance with law directing mutation as per the contents of the deed of dedication in the name of Lord Shri Shankar Bhagwan Jee in whose favour dedication has been made. 5. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha,J.)