IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16259 of 2001 NAND RAM PRASAD SINGH Versus THE STATE OF BIHAR & ORS ----------- For the petitioner : 1. Mr. Vinod Shankar Modi, Advocate. 2. Mr. Suresh Prasad Baranwal, Advocate. For the State : Mr. G.P. 2 For Respondent Nos. 6 and 7: None. ----- 4. 25.09.2008. Heard learned counsel for the petitioner and the counsel for the State. None appears for Private Respondent Nos. 6and 7 although they have been served with the notice of these proceedings. 2. Petitioner assails the order dated 26.09.2001 passed by the Sub-Divisional Officer, Barsoi, Respondent No. 4 in Appeal Case No. 4 of 1999-2000, Annexure- 4, whereunder order dated 31.12.1998 passed by Circle Officer, Kadwa in Case No. 8 of 1997-98, as contained in Annexure-3 declaring the petitioner as occupancy raiyat under Section 48D of the Bihar Tenancy Act, 1885 (hereinafter referred to as “the Act”) has been set aside. 3. It is submitted on behalf of the petitioner that while passing the impugned order dated 26.09.2001, Annexure-4 setting aside the original order dated 31.12.1998, Annexure-3 the court below did not remand the matter back to the Collector under the Act and thereby committed jurisdictional error as from the findings recorded in paragraph 3 at page 44 of the brief it - 2 - will appear that for failure to conduct the local inspection of the lands in-question as also to prepare the memo of local inspection the order dated 31.12.1998 was set aside. 4. None has chosen to contest the aforesaid submission that local inquiry and inspection of the lands in-question was not made by the Collector under the Act before passing the order dated 31.12.1998, Annexure-3. 5. In the circumstances, accepting the finding recorded in paragraph 3 of the appellate order I set aside the appellate order dated 26.09.2001 passed by the Sub- Divisional Officer, Barsoi, Respondent No. 4 in Appeal Case No. 4 of 1999-2000, Annexure- 4 and remit back the matter to the Collector under the Act i.e. Circle Officer, Kadwa, Respondent No.5 who should hold local inspection of the lands in-question and prepare a memorandum of inspection and thereafter pass appropriate orders in accordance with law after notice to the Private Respondent Nos. 6 and 7. 6. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)