IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5309 of 2010 1. MANTI DEVI W/O SIPAHI SINGH R/O VILLAGE - KUND, P.S - DINARA, DISTRICT - ROHTAS. Versus 1. THE STATE OF BIHAR 2. ADDITIONAL COLLECTOR, ROHTAS AT SASARAM 3. ADDITIONAL COLLECTOR,LAND REFORMS, BIKRAMGANJ, DISTRICT- ROHTAS. 4. CIRCLE OFFICER, DINARA, DISTRICT - ROHTAS. 5. MOSTT. RAM KESHI KUER, WIDOW OF LATE GOVIND DAYAL SINGH VILLAGE- BHANPUR, P.S - DINARA, DISTRICT - ROHTAS. 6. OM PRAKASH S/O LATE GOVIND DAYAL SINGH VILLAGE- BHANPUR, P.S - DINARA, DISTRICT - ROHTAS. ----------- 2. 01.04.2010. Heard learned counsel for the petitioner and the State. 2. Petitioner has acquired the lands in-question through a gift-deed executed by her father and mother and such statement has been made in paragraphs 6 and 7 of the writ petition. She is aggrieved by the order of the Deputy Collector, Land Reforms dated 10.4.2008 passed in Mutation Appeal Case No. 49/2007-08, Annexure-4, whereunder mutation of the lands in-question has been allowed in favour of respondent-2nd set, the aunt and cousin brother of the petitioner. Aforesaid order dated 10.4.2008, Annexure-4 has also been affirmed under orders dated 20.1.2010 passed by the Additional Collector, Rohtas, Sasaram in Mutation Revision Case No. 34 of 2008, Annexure-1. 3. It is submitted on behalf of the petitioner that Additional Collector had no jurisdiction to consider the revision filed against the order dated 10.4.2008, Annexure-4 in terms of the provisions contained in Section 16 of the Bihar Tenants Holdings (Maintenance of Records) Act, 1973 which inter alia empower only the Collector of the district to consider the revision application filed against the order - 2 - passed by the Deputy Collector, Land Reforms in mutation matters. 4. For setting aside the order dated 20.1.2010, Annexure-1 notice will have to be issued to respondent-2nd set which is likely to take some time. In the circumstances, it is deemed expedient to grant liberty to the petitioner to file civil suit in the court of competent civil jurisdiction for declaration of his right, title and interest in the lands in-question on the basis of the gift-deed and the findings recorded in the two orders dated 10.4.2008, Annexure-4 and 20.1.2010, Annexure-1 shall be subject to the result of the title suit. In the event possession of the petitioner over the lands in-question is threatened in the meanwhile it shall be open for her to request the Civil Court to grant injunction in the matter. 5. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)