IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1695 of 2001 BACHCHA TEWARI & ORS Versus THE STATE OF BIHAR & ORS ----------- 4. 29.8.2008. Heard learned counsel for the petitioners. None appears for the private Respondents, although a Vakalatnama has been filed on their behalf. 2. Petitioners are aggrieved by the order dated 8.9.2000 passed by the Commissioner, Saran Division in Mutation Revision No. 25 of 1995-96, Annexure-4 whereunder order of the Additional Collector, Siwan directing mutation of the lands in question in favour of the petitioners in Mutation Case No. 35/1993-94 has been set aside. Petitioners had applied for mutation of the lands in question before the Circle Officer, Mairwa, Siwan and their request was allowed by the Circle Officer on the basis of the report of the Halka Karmchari under order dated 24.12.1994, Annexure-1 against which private Respondents filed an appeal before the Deputy Collector, Land Reforms, Siwan, which was allowed under order dated 6.9.1994, Annexure-2 against which petitioners filed revision before the Additional Collector, Siwan who allowed the same under order dated 20.6.1995, Annexure-3 against which private respondents went in revision, which was allowed under order dated 8.9.2000, Annexure-4. 3. It is submitted on behalf of the petitioners that in terms of the provisions contained in Bihar Tenants Holdings (Maintenance of Records) Act, 1973(hereinafter referred to as “the Act”) Commissioner of the Division has no jurisdiction to interfere in - 2 - mutation matters and the order dated 8.9.2000 is without jurisdiction. As the provisions in the Act does not empower the Divisional Commissioner to entertain any second revision, the order dated 8.9.2000, Annexure-4 is without jurisdiction and is, accordingly set aside but while setting aside the same this Court having considered the provisions contained in Section 16 of the Act is of the view that the revisional authority in terms of the provisions of the Act is the Collector of the District and not the Additional Collector, accordingly the order dated 20.6.1995, Annexure-3 passed by the Additional collector in Mutation Case No. 263/1994-95/151/1995-96 is also set aside and the matter is remitted back to the Collector of the District to call for the records of Mutation Case No. 263/1994-95/151/1995-96 and hear the matter once again after notice to the parties and pass appropriate final orders as early as possible, in any case, within a period of three months from the date of receipt/production of a copy of this order. 4. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha,J.)