IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47147 of 2006 ASHOK JHA @ ASHOK KUMAR JHA . Versus STATE OF BIHAR & ANR . ----------- For the Petitioner: Ms Sushmeta Mishra, Advocate For the State : Mrs. Indu Bala Pandey, APP 8 29.3.2010 The petitioner prays for quashing the order dated 11.6.2005 passed by the Judicial Magistrate, Ist Class, Katihar in C.A. No.2114 of 2004. The allegation against the petitioner is that he had issued Basgit Parcha for 11 decimals of land which was already transferred in the name of Governor of Bihar in which a school was standing. It has also been alleged in the complaint that the Collector, Katihar has cancelled the Basgit Parcha issued by the petitioner. Learned counsel for the petitioner submits that the petitioner has moved this court against cancellation of Basgit Parcha by the Collector, Katihar in C.W.J.C.No.11766 of 2006 and this court by order dated 22.9.2008 remitted the matter to the Collector for fresh enquiry in accordance with law. She further submits that the learned Magistrate ought to have held that the dispute is a civil dispute in which there was a claim of title. Learned State counsel submits that the order passed by the learned Magistrate is in accordance with law. Heard counsel for the parties. As the order of the Collector canceling the issuance of Basgit Parcha by the petitioner has been set aside by a bench of this court by order dated 22.9. 2008 passed in C.W.J.C.No.11766 of 2006, - 2 - KHAN the impugned order taking cognizance is set aside and the matter is remitted to the learned Magistrate for fresh adjudication of the matter. In the result, this application is allowed. (S.P.Singh,J)