IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12912 of 2006 DAYA NAND SHARMA Versus THE STATE OF BIHAR & ORS ----------- For the Petitioner :M/s Dhrub Narayan, Sr. Advocate & Ranjeet Kumar Singh, Advocate For the State :Mr. A.K. Mishra No.2, JC to SC 16 For the Respondents :Smt. Kumari Amrita, Advocate 07/ 09.9.2008 Heard learned counsel for the petitioner, State and the counsel for the private Respondents. 2. Petitioner is aggrieved by the appellate order dated 30.9.2003, passed by the Additional Collector, Khagaria in Rent Fixation Case No. 2 of 1995-96. 3. It is submitted on behalf of the petitioner that the order suffers from the vice of jurisdiction as according to the petitioner, Additional Collector, Khagaria is not authorized to hear Rent Fixation Appeal, which hearing is within the jurisdiction of the Collector of the District. 4. Counsel for the private Respondents, however, contends that the original order passed by the Deputy Collector, Land Reforms, Khagaria, as contained in Annexure-3 also suffers from the vice of violation of the principles of natural justice as before creating the Jamabandi of the lands in question in favour of the petitioner under Annexure-3, private Respondents, who are transferee from the grandfather of the petitioner through registered sale deed and in whose favour Jamabandi of the lands in question had already been created, were never heard. Aforesaid contention of the private Respondents is - 2 - also supported by the counsel for the State in their counter affidavit. 5. Having heard counsel for the parties and having perused the orders contained in Annexure-3 as also the appellate order dated 30.9.2003, Annexure-5 and the pleadings made in the writ petition, counter affidavit, I set aside both the orders contained in Annexure-3 and order dated 30.9.2003, Annexure-5 and remit back the matter to the Deputy Collector, Land Reforms, Khagaria to grant a fresh hearing to the parties for which petitioner and the private Respondents must appear before the Deputy Collector, Land Reforms, Khagaria on or before 20.10.2008, whereafter the Deputy Collector, Land Reforms shall fix a date for hearing of the matter in presence of the parties and then after hearing them pass appropriate orders in accordance with law. Arjun/ (V.N. Sinha, J.)