IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14938 of 2006 MOST.TETARI DEVI Versus THE STATE OF BIHAR & ORS ----------- 3. 11.8.2008. Heard learned counsel for the petitioner and the counsel for the private Respondent No.5. 2. Petitioner is aggrieved by the order dated 4/14.1.2006 passed by the Additional Collector, Aurangabad in Mutation Revision Case No. 69/2003/146/2004-05, Annexure-2 whereunder the learned Additional Collector has set aside the order dated 22.10.2003 passed by the Deputy Collector, Land Reforms, Aurangabad in Mutation Appeal No. 09 of 2002, Annexure-3 and has thereby affirmed the order of mutation passed in favour of private Respondent No. 5 dated 31.10.2002 in Mutation Case No. 603 of 2002-2003, Annexure-4. 3. Counsel for the petitioner states that the order of the Additional Collector dated 4/14.1.2006, Annexure-2 is wholly without jurisdiction as against the order passed by the appellate authority, Deputy Collector, Land Reforms in mutation matter, it is only the District Collector who had jurisdiction to consider the revision in terms of Section 16 of the Bihar Tenants Holdings (Maintenance of Records) Act 1973. 4. Counsel for private Respondent No. 5 accepts such legal position that Additional Collector had no jurisdiction to consider the revision application, accordingly order dated 4/14.1.2006 passed in Revision Case No. 69/03/146/04-05 is set aside and the parties are directed to appear before the Collector, Aurangabad on 8.9.2008 when - 2 - the learned Collector, Aurangabad shall call for the records of Revision Case No. 69/03/146/04-05 and after hearing the parties, pass appropriate final orders. While passing the order, the learned Collector, Aurangabad shall proceed in accordance with law and shall not be prejudiced by the fact that this Court has remanded the matter as the remand is only on jurisdiction and not on the merits of the case. 5. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha,J.)