IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11437 of 2009 JAY KISHORE SHUKLA, S/o Sri Gopal Jee Shukla, At Village Baswariya, P.O. Pataura, P.S.-Motihari Muffasil, Distt. East Champaran. . . . . Applicant / Petitioner. Versus 1. THE STATE OF BIHAR; 2. Collector, East Champaran, 3. Additional Collector East Champaran (Motihari), P.O./P.S./Distt.- Motihari, 4. Sub-Divisional Officer, Sadar, P.O./P.S./Distt.-Motihari; 5. Deputy Collector Land Reforms, Sadar Motihari, P.O./P.S./Distt.- Motihari 6. Anchal Adhikari, Sadar, Motihari, Distt. East Champaran, P.O./P.S./Distt.-Motihari. . . . . . . . . Respondents. ----------- 5/ 12.10.2009 Heard learned counsel for the petitioner and the State. The instant writ application has been filed against notice dated 23.07.2009 passed by Sub-Divisional Magistrate, Sadar Motihari in Bandobasti Case no. 32 of 2004-05 cancelling the settlement done by the competent authority after approval of the Additional Collector. The petitioner submits that subsequently by order dated 26.08.2009 the Sub-Divisional Officer has cancelled the settlement. The main point raised by the petitioner is that the Sub-Divisional Officer is not the competent authority to cancel the settlement, which has been approved by the Additional Collector. Counsel for the State submits that the petitioner has got settled the land against the law by committing fraud. After hearing the counsel for the parties, this court remits the matter to the Collector, East Champaran. The Collector may hear the case himself or he may assign the hearing to any of the Additional Collectors. The concerned Collector or the Additional Collector would pass - 2 - appropriate order after giving opportunity of hearing to the petitioner also. With the aforesaid direction, this application is, accordingly disposed of. Uday/ (Samarendra Pratap Singh, J.)