IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10785 of 2001 KAMESHWAR MAHTO & ORS Versus THE STATE OF BIHAR & ORS ----------- 3. 16.09.2008. Heard learned counsel for the petitioners and the counsel for the Private Respondents. 2. Petitioners are aggrieved by the revisional order dated 27.05.2001 passed by the Collector, Rohtas, Sasaram in Mutation Revision Case No. 16 of 2000, Annexure-7, whereunder he has approved the mutation of the lands in- question made in favour of private respondents, which is challenged by the petitioners on the ground that the order of mutation is contrary to the revisional survey entry which is presumed to be correct in terms of the provisions contained in Section 103B of the Bihar Tenancy Act, 1885 (hereinafter referred to as “the Act”). 3. It is submitted on behalf of the private respondents that the revisional order dated 27.05.2001 has been passed relying on the order dated 07.05.1984 passed by the Assistant Consolidation Officer, Karakat in Case No. 62/274 of 1977-78, Annexure-E to the counter affidavit setting aside the aforesaid revisional survey entries accepted under Sub-Section (2) of Section 8 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956 as under the said order challenge to those entries by the private respondents was sustained. 4. It is submitted on behalf of the petitioners that - 2 - aforesaid order dated 07.05.1984 was passed without notice to them and till date their possession over the lands in-question has not been threatened which submission is being refuted by the counsel for the private respondents as according to him the private respondents are in possession of the lands in- question since the auction purchase and compromise between the parties in the Misc. case. 5. Having heard counsel for the parties I am of the view that until the order dated 07.05.1984, Annexure-E to the counter affidavit on the basis of which revisional order dated 27.05.2001, Annexure-7 has been passed is not set aside mutation of the lands in-question has to be made in the light of the orders dated 07.05.1984, Annexure-E to the counter affidavit. Accordingly, this writ application is disposed of with liberty to the petitioners to challenge the order dated 07.05.1984 passed by the Assistant Consolidation Officer, Karakat in Case No. 62/274 of 1977-78, Annexure-E to the counter affidavit before the competent court/authority in accordance with law and it is observed that in the event petitioners succeed in getting the order dated 07.05.1984 set aside then the mutation authorities will consider the said fact and revise their order accordingly. P.K.P. (V.N.Sinha,J.)