IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13985 of 2010 1) Ganesh Yadav, son of Late Shi Yadav, 2) Umesh Yadav, son of Late Shiv Yadav, both of village Bhithi Shembhuar, Tola Maharajpur, PS and District Madhubani – Petitioners. Vs. 1) The State of Bihar, 2) The Commissioner, Darbhanga Division, Darbhanga. 3) The Collector, Madhubani. 4) The Addl. Collector, Madhubani. 5) The D.C.L.R. Sadar, Madhubani. 6) Sri Baiju Yaedav, son of Late Bari Yadav, 7) Mahesh Thakur, son of Late Ram Lakhan Thakur, 8) Sri Brij Nandan Thakur, son of Late Maksudan Thakur, 9) Sri Yadu Nandan Thakur, son of Late Maksudan Thakur, 10) Sri Sri Nandan Thakur, son of Late Sitaram Thakur, all of Shembhuar, PS Madhubani, District Madhubani – Respondents. 2 25.8.2010 I have perused the order under challenge in this writ petition passed by the Commissioner, Darbhanga Division. The Commissioner has observed in paragraph 5 that the lands in question has not been clearly delineated in any map. No local enquiry has been made and, therefore, it is difficult to ascertain as to who is the adjoining raiyat. The Commission may call for the cadastral survey map, and direct the Circle Officer, Rahika, / the D.C.L.R., Madhubani to conduct a local enquiry after giving notice to the parties. Once the Commissioner receives the report, he may decide the issues instead of remanding the matter to the D.C.L.R. The order passed by the Commissioner, dated 29.6.2010 is modified to the aforesaid extent only. This order should be brought to the notice of the Commissioner within eight weeks, after which the Commissioner of the Division should issue 2 notice to the respondents pre-emptors forthwith. This writ petition is disposed of with the aforesaid observations and direction. haque ( Sheema Ali Khan, J.)