IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1174 of 2001 1. MD.ISLAM 2. Md. Ekbal Khan 3. Abdul Kayum Khan 4. Md. Khurshid Khan 5. Mobarak All sons of late Abdul Kalam, resident of village Ranisagar, P.S Shahpur, District-Bhojpur … Petitioners/Appellants Versus 1. THE STATE OF BIHAR 2. The Collector, Bhojpur at Ara 3. The Circle Officer (Anchal Adhikari), Circle Office Behia, P.S. Behia, District, Bhojpur 4. The Consolidation Officer, Behia, P.S. Behea District –Bhojpur 5. The Assistant Director of Consolidation Bhojpur at Ara 6. The Principal, Consolidation Training Institute Bihar, Patna 7. Kedar Hazam 8. Lal Mohan Hazam 9. Narad Hazam 10. Bharat Hazam . Respondent No. 7 to 10 are sons of Late Bhola Hazam, resident of village Ranisagar, P.S. Shahpur, District Bhojpur … Respondents/ Respondents With LPA No.1469 of 2009 1. MD. ISLAM KHAN @ MD. ISLAM S/O LATE ABDUL KALAM VILL- RANI SAGAR, P.S. SHAHPUR, DISTT. BHOJPUR 2. MD. EKBAL KHAN S/O LATE ABDUL KALAM VILL- RANI SAGAR, P.S. SHAHPUR, DISTT. BHOJPUR 3. ABDUL KAYUM KHAN S/O LATE ABDUL KALAM VILL- RANI SAGAR, P.S. SHAHPUR, DISTT. BHOJPUR 4. MD. KHURSHID KHAN S/O LATE ABDUL KALAM VILL- RANI SAGAR, P.S. SHAHPUR, DISTT. BHOJPUR 5. MOBARAK S/O LATE ABDUL KALAM VILL- RANI SAGAR, P.S. SHAHPUR, DISTT. BHOJPUR Petitioners /Appellants Versus 2 1. THE STATE OF BIHAR 2. THE COLLECTOR BHOJPUR, DISTT. BHOJPUR AT ARRAH 3. THE CIRCLE OFFICER (ANCHAL ADHIKARI) CIRCLE OFFICE BEHIA, P.S. BEHIA, DISTT. BHOJPUR AT ARRAH 4. KEDAR HAZAM S/O LATE BHOLA HAZAM VILL- RANI SAGAR, P.S. SHAHPUR, DISTT. BHOJPUR AT ARA 5. LAL MOHAR HAZAM S/O LATE BHOLA HAZAM VILL- RANI SAGAR, P.S. SHAHPUR, DISTT. BHOJPUR AT ARA 6. NARAD HAZAM S/O LATE BHOLA HAZAM VILL- RANI SAGAR, P.S. SHAHPUR, DISTT. BHOJPUR AT ARA 7. BHARAT NAZAM S/O LATE BHOLA HAZAM VILL- RANI SAGAR, P.S. SHAHPUR, DISTT. BHOJPUR AT ARA Respondents ----------- In L.P.A. No.1469 of 2009 For the State :- S.Raza Ahmad, Sr. Advocate, A.A.G.-9 in L.P.A. No. 1174/2001 For the Appellant :-Janardan Prasad Singh For Respondent For the State :- Sri. K. P. Gupta, S.C-16 For respondent Nos. 7 to 10 :- Sri Aditya Nr. Singh-I, Advocate 13 25.04.2011 The appeals have been filed against the orders dated 23.08.2001 and 13.10.2009 passed in C.W.J.C. No. 9990 of 2001 and C.W.J.C. NO. 11810 of 2009 dated 13.10.2009 respectively by which learned Single Judge having found that the petitioners have sought their prayer almost after 12 years of passing the impugned order refused to interfere with the same. In view of the fact that the petitioners have sought modification of the order after a period of 12 years of passing the order in C.W.J.C. No. 8327 of 1994, we are of the opinion that on the reasons 3 expressed by the learned Single Judge the modification petition is liable to be dismissed on the similar ground that it suffers from delay and laches on the part of the petitioners. On that ground the writ petition was also dismissed. Accordingly, these appeals are dismissed. The counsel for the appellants sought liberty of this Court to make an appropriate representation before the District Magistrate (Respondent No.2) who shall pass appropriate orders in accordance with law within a period of four months after affording opportunity of hearing to both the parties, without being influenced by any order passed by this Court. It has been submitted by learned counsel for the respondents that the concerned record is not available with the concerned authority, hence, it would difficult for the District Magistrate to decide the matter. In view of such submission, liberty is granted to the District Magistrate to reconstruct the records. 4 Learned counsel for the appellant undertakes to provide all the relevant documents with the concerned District Magistrate and parties are also given liberty to produce the documents which are in their possession in relation to subject matter in question. Ashwini (T.Meena Kumari,J.) (Akhilesh Chandra, J.)