IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1216 of 2008 1. RAJENDRA PRASAD SAH , S/o Late Kalanand Sah 2. Savitri Devi W/o Chandrashekhar Prasad Both residents of village-Harchandpur, P.S. Jalalgarh, District- Purnea …………………… Petitioners. Versus 1. THE STATE OF BIHAR 2. The Collector, Purnea 3. The Sub-Divisional Magistrate, Sadar Purnea 4. The Circle Officer, Jalalgarh, Purnea 5. Sushil Kumar Yadav, S/o Late Fakirchand Yadav resident of village-Harchandpur, P.S. Jalalgarh, District- Purnea ……………..Respondents. ----------- 2. 26.03.2009 Heard the counsel for the petitioners and the counsel appearing for the state. Petitioners have filed this application for quashing the order dated 09.01.2007 passed by the S.D.M. Sadar, Purnea in Appeal Case No. 09/03-04. By the impugned order, the Sub Divisional Magistrate has remitted the case back to the Circle Officer, Purnea for reconsideration of order dated 18.8.96 passed in B.T. Act Case No. 150/1995-96. By order dated 18.8.96, the Circle Officer, Kasba, Purnea has declared Kyami right to the petitioner under Section 48D of the B.T.Act with respect of the lands of Sikmi Khata No. 173, Khesera Nos. 1155, 1156, 1157 measuring 0.17, 0.03 & 0.03 decimals respectively. I do not find any error in the order considering the facts of the case. Since the matter has been remitted back to - 2 - the Circle Officer, it is not proper that any finding be recorded on merit. Accordingly, this application is dismissed. AKV/ ((Mridula Mishra, J.)