IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.129 of 2006 SHIVJEE PASWAN & ORS Versus STATE OF BIHAR & ORS ----------- 7 23.7.2008. Heard counsel for the petitioners, the State as well as opposite party no.5. This review application has been filed by the petitioners on the ground that being necessary parties they were not impleaded in the writ application as such the order needs to be reviewed. The dispute relates to Land of Khata no.299 Plot no.514, 349 and 668. Same land has been settled in different settlement cases in favour of the review petitioners as well as opposite party no.5. Counter affidavit which has been filed on behalf of the State in the review petition indicates that by settlement case no. 1 of 1982-83, 13 of 1983-84 and 3 of 1987-88 three plots measuring an area of 1 acre 22 decimals of R.S.Plot no. 514, 349 and 668 pertaining to Khata no.299 was settled in favour of opposite party no.5(petitioner in writ application). On the other hand same lands were settled in favour of the review petitioners vide settlement case no. 34 of 1983-84 and 1 of 1988-89. This error was committed as different settlement cases were running from 1982 simultaneously at the level of S.D.O. Mahnar as well as Collector, Vaishali. Enquiry report in each settlement case was submitted by the Halka Karamchari and the Anchal Adhikari showing the applicant in possession of the land. Considering such reports showing applicants in possession of the land, settlement orders were passed in favour of - 2 - review petitioners as well as opposite party no.5. The impugned order in C.W.J.C.No.9807 of 2004 dated 30.8.2002/ 17.10.2002 passed by the Collector was quashed as he by the impugned order reviewed his earlier order allowing settlement in favour of opposite party no.5. though not vested with review jurisdiction. Considering these facts the order passed in C.W.J.C.No.9807 of 2004 is being modified to this extent that the Collector, Vaishali will reconsider all concerned settlement cases in which order of settlement of land have been passed in favour of review petitioners as well as opposite party no.5. after giving opportunity to them and considering the legal aspect of the matter only after considering their cases in accordance with law fresh order of settlement will be passed in favour of the applicants who are review petitioners as well as opposite party no.5 (petitioner in C.W.J.C.No.9807 of 2004). Till the final order is passed by the Collector status-quo as existing today shall be maintained. Accordingly this application is disposed of. Sss/- (Mridula Mishra, J)