IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1973 of 2007 SHEO PUJAN SINGH SON OF LATE RAM BARAN SINGH RESIDENT OF VILLAGE JURAWANPUR, P.S. JURAWANPUR, DISTRICT VAISHALI. Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR CUM DISTRICT MAGISTRATE, VAISHALI 3. THE SUPERINTENDENT OF POLICE, VAISHALI. 4. DIVISIONAL COMMISSIONER, MUZAFFARPUR. 5. THE CIRCLE OFFICER, RAGHOPUR CIRCLE, HAJIPUR DISTRICT VAISHALI. 6. THE OFFICER INCHARGE, JURAWANPUR, DISTRICT VAISHALI. 7. THE SUB-DIVISIONAL OFFICER, HAJIPUR SADAR, VAISHALI. ----------- 2 20/09/2010 It is obviously a misplaced kind of writ application which has come to be filed by the petitioner challenging annexure-4 dated 5.08.2003 passed by the Collector, Vaishali when the said order has already been set aside in appeal by the Commissioner, Tirhut Division. A quashed order cannot be quashed a second time over in a writ application because the appellate authority has already done what was required to be done in accordance with his wisdom. The maximum which the petitioner ought to have prayed is for a direction upon the District Magistrate, Vaishali to reconsider the matter in terms of the direction of the Divisional Commissioner and pass a - 2 - fresh order. Despite a misplaced kind of writ application, keeping in mind the interest of justice and the litigant in question, this writ application is disposed of with a direction upon the Collector, Vaishali that taking cognizance of the order passed by the Divisional Commissioner in Misc. Appeal Case No. 7 of 2004-05 annexed as annexure-6 and also the application of the petitioner contained in annexure-7, he is bound to decide the issue afresh within a period of six months from the date of production or communication of a copy of this order. This writ application stands disposed of with the direction aforesaid. AMIN/ (Ajay Kumar Tripathi, J.)