IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.271 of 2009 In (CIVIL WRIT JURISDICTION CASE 7375/2007) Ramakant Prasad, son of Late Brij Bihari Sah, Resident of village- Kapurpakari, P.S.- Sikarhana, District- East Champaran ….. Petitioner-Appellant Versus 01. The State Of Bihar 02. The Collector, East Champaran, Motihari 03. The Land Reforms Deputy Collector, East Champaran, Motihari 04. The Sub-divisional Officer, Sikarhana at Dhaka, East Champaran 05. The Block Development Officer, Chiraiya, East Champaran, Motihari 06. The Circle Officer, Chiraiya, East Champaran, Motihari 07. Smt. Shanti Devi, W/o Ramadhar Pandit of Kapur Pakhari, P.S.- Sikarganj, District- East Champaran ….. Respondents/Respondents ---------------------------------- 05. 07.12.2011 The matter has come up for hearing. Even though after notice respondent no.7 did not appear in the matter, the matter is being decided on the basis of material available on record. Learned counsel for the petitioner submitted that the Jamabandi was created in favour of petitioner right from the year 1927 and the petitioner was in possession of the land. But however the same has been cancelled by the Revenue authority without following the rule of law and created the Jamabandi in favour of respondent no.7. It is mainly contended that the primary authority i.e. Collector, East Champaran, Motihari 2 and other authority have looked into the documents submitted by the appellant herein and passed the order which is in violation of the principles of natural justice. The learned Single Judge refused to interfere in the order passed by the non-official respondents, hence the present appeal. After hearing the parties, we are of the opinion that it is a fit case where the matter can be remanded back to respondent no.2 to pass fresh order after considering the documents filed by the appellant as well as respondents after hearing all the parties. Accordingly we direct the respondent to pass fresh order after considering the material and also after hearing both the parties within a period of three months. With the above observation the order of the learned Single Judge is set aside and the L.P.A. is allowed. P.K. (T. Meena Kumari, J.) (Vikash Jain, J.)