IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16353 of 2001 RAGHUBANSH SINGH & ANR Versus THE STATE OF BIHAR & ORS ----------- For the petitioners: Mr. D.P.Choudhary, Advocate. For the State: Mr. Dhurendra Kumar, J.C. to S.C.-V. ------- 3. 25.09.2008. Heard learned counsel for the petitioners and the State. None appears for Private Respondent Nos. 5 to 9 although they have been served with the notice of these proceedings. 2. Petitioners are aggrieved by the order dated 06.09.2001 passed by the Additional Collector, Vaishali, Respondent No. 2 in Mutation Revision Case No. 16 of 1998-99, Annexure-4, whereunder the original mutation order dated 28/29.5.1998, as contained in Annexure-1 refusing to mutate the lands in-question in favour of the petitioners as also the appellate order dated 29.10.1998/5.11.1998, passed in M.A. No. 8 of 1998-99, Annexure-2 upholding the original order has been affirmed. 3. It is submitted on behalf of the petitioners that in terms of the provisions contained in Section 16 of the Bihar Tenants Holding (Maintenance of Records) Act, 1973 the Collector of the District is the authority to hear the revision application filed against the mutation orders but in the present case the mutation revision was filed - 2 - before the Additional Collector who erroneously proceeded to hear the revision. The order passed by the Additional Collector is absolutely without jurisdiction. 4. None has chosen to appear and contest the aforesaid submissions. In the circumstances, the impugned order dated 06.09.2001 passed by the Additional Collector, Vaishali, Respondent No. 2 in Mutation Revision Case No. 16 of 1998-99, Annexure-4 is set aside and matter is remitted back to the Collector of the District, who should issue notice to Private Respondent Nos. 5 to 9 and thereafter proceed with the hearing of the revision application and pass appropriate orders in accordance with law. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)