IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11368 of 2001 KESHO MAHTO Versus THE STATE OF BIHAR & ORS ----------- 04/ 22.9.2008 Heard learned counsel for the petitioner, the State and the private Respondent nos. 4 to 7. 2. Petitioner is aggrieved by the order dated 3.3.2001, passed by the Sub-Divisional Officer, Banmankhi, Respondent no.2, in Case No. 49 of 1996-97, as contained in Annexure-2 to this writ application, whereunder, Respondent no.2 has set aside the original order dated 6.12.1996, passed by the Circle Officer, Banmankhi in Case No. 93 of 1996-97, as contained in Annexure-1 to this writ application declaring the petitioner to be the occupancy raiyat of the lands in question under Section 48D of the Bihar Tenancy Act, 1938. 3. It is submitted on behalf of the petitioner that while setting aside the original order dated 6.12.1996, Annexure-1, the Sub-Divisional Officer, Banmankhi did not notice the findings recorded during the local inspection of the lands conducted by the Circle Officer, Banmankhi on the basis of which the original order dated 6.12.1996, Annexure-1 was passed. It is further submitted that had the findings recorded during the local inspection would have been noticed then the impugned appellate order dated 3.3.2001, Annexure-2 may not have been passed. 4. Counsel for the private Respondent nos. 4 to 7 2 states that the original order dated 6.12.1996, Annexure-1 shall bind only the private Respondent nos. 4 to 7 and not the other co-sharers as the other co-sharers, who got the other portions of the lands in question in a registered partition effected in the year 1956, were never made parties in the original proceeding, vide Case No. 93 of 1996-97 and appreciating such fact the original order dated 6.12.1996, Annexure-1 was set aside. 5. Having heard counsel for the parties and having appreciated the contents of the writ application, I set aside the impugned appellate order dated 3.3.2001, passed by the Sub- Divisional Officer, Banmankhi, Respondent no.2 in Case No. 49 of 1996-97, as contained in Annexure-2 to this application and remit back the matter to the Sub-Divisional Officer, Respondent no.2, who should call for the records and examine the memo of local inspection prepared by the Circle Officer, Banmankhi after he conducted the local inspection of the lands in question and appreciating the contents of the memo of local inspection, the appellate authority should pass final order in accordance with law, which shall only bind the parties to the original proceeding and not the other co-sharers. 6. This writ application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)