IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13565 of 2006 DIWAKAR DWIVEDI Versus THE STATE OF BIHAR & ORS ----------- 03/ 24.7.2008 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order dated 2.8.2006, passed by the Commissioner, Tirhut Division, Muzaffarpur in Case No. 32-Jamabandi/2001-2002, as contained in Annexure-4, whereunder the Commissioner has dismissed the application affirming the order dated 12.6.2001, passed by the Additional Collector, West Champaran, as contained in Annexure-3 directing the mutation of the lands in question in favour of private Respondent nos. 6 to 13. 3. It is submitted on behalf of the petitioner that both the aforesaid orders dated 2.8.2006, passed by the Commissioner, Tirhut Division, Muzaffarpur, Annexure-4 and 12.6.2001, passed by the Additional Collector, West Champaran, Annexures-3 suffer from the vice of arbitrariness as while passing the two orders, the authorities have not considered the contents of the judgment and decree dated 31.1.1977, passed in Case No. P.S. 216 of 1974, as contained in Annexure-5 , whereunder petitioner was allowed interest not only as heirs of Khub Dubey, but in his Takhta the lands purchased by him from Dinanath Dubey, son of Bindeshwari Dubey, Brijrani Dubey, wife of Harihar Dubey and Nain Kuer, wife of Shyamji Dubey, the mother of the plaintiff was also included ignoring such allotment the Divisional Commissioner has proceeded to affirm the order of the learned Additional Collector, West Champaran observing that the - 2 - judgment and decree dated 31.1.1977, passed in Case No. P.S. 216 of 1974 was set aside, which fact is absolutely erroneous as till date the judgment and decree dated 31.1.1977, passed in Case No. P.S. 216 of 1974, as contained in Annexure-5 has not been set aside. 4. In the light of the submission of the counsel for the petitioner, I deem it expedient to direct the petitioner to seek review of the order of the learned Commissioner dated 2.8.2006, Annexure-4 on the ground that the same proceeds on facts which are non-est as till date the judgment and decree passed in the aforesaid Case No. P.S. 216 of 1974 has not been set aside as also on the ground that the Additional Collector, West Champaran, who considered the appeal against the order of the DCLR had no jurisdiction to consider the same in the light of the judgment of this Court in the case of Most. Babuni Devi Vrs. State of Bihar, reported in 1997(2) PLJR 404. 5. The review application in the light of this order be filed within one month from the date of receipt of the certified copy of this order, which should be disposed of by the learned Commissioner, Tirhut Division, Muzaffarpur within another one month. While passing order on the review application, the Commissioner shall proceed to act exactly in terms of the judgment and decree dated 31.1.1977, passed in Case No. P.S. 216 of 1974. 6. This writ application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)