IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6347 of 2010 DOMAN SINGH @ DOMAN PD.SINGH, S/o- Late Khublal Mahto, Resident of Village- Bisharia, P.S.- Korah, District- Katihar :---- Petitioner. Versus 1. THE STATE OF BIHAR through the Collector, Katihar. 2. The Commissioner, Purnea Division, Purnea. 3. The L.R.D.C., Katihar-cum-Additional Collector (Ceiling), Katihar. 4. The Circle Officer, Korah, District- Katihar. 5. Keshav Pd. Singh, S/o- Late Khanta Pd. Singh, resident of Bisharia, P.S.- Korah, District- Katihar :--- Respondents. ----------- For the petitioner : Mr. Vijay Shankar Shrivastava, Advocate. For the State : Mr. R.C.Thakur, S.C.-IV, Ceiling. Mr. Kamal Kishore Singh, A.C. to S.C.-IV, Ceiling. . ==== 2. 15.04.2010. Heard learned counsel for the petitioner and S.C.4 (Ceiling). 2. Petitioner is aggrieved by the order of the Commissioner, Purnea Division dated 09.12.2009, Annexure-6, whereunder he has set aside the order passed by the Additional Collector (Ceiling), Katihar dated 28.7.2009 passed in Misc. Case No. 21/2008, Annexure-3, whereunder learned Additional Collector has directed that the lands in- question bearing Plot No. 1665 appertaining to Khata No. 131 measuring an area of 46 decimal of Mauza Bisharia which is surplus land of Sri Chandra Kishore Bhagat and has been settled with Chhuthar Mahto 23 decimals thereof be settled with Doman Singh, son of Khublal Mahto the other brother of Chhuthar Mahto who was also jointly Sikmidar of the lands in-question with Chhuthar Mahto, as is evident from the continuous Khatiyan of the said land contained in Annexure-7 to this application. 3. The orders passed by the Additional Collector has been set aside by the Commissioner, Purnea, Division under the impugned order dated 09.12.2009, Annexure-6 on the ground that the order dated - 2 - 28.7.2009, Annexure-3 was passed without notice to Respondent No.5, Keshav Prasad Singh, the grand son of Chhuthar Mahto. 4. Having heard counsel for the petitioner and the State, I direct the Commissioner, Purnea Division to issue notice to Respondent No.5., Keshav Prasad Singh and after hearing him pass appropriate orders taking into account the Sikmi status of both Chhuthar Mahto and Khublal Mahto both sons of Kashi Mahto and ensure settlement of the said land in favour of the heirs of both Chhuthar Mahto and Khublal Mahto. 5. With the aforesaid direction this writ application is disposed of. P.K.P. (V.N.Sinha,J.)