IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10564 of 2009 LOBHI BHAR, son of Prasad Bhar, resident of village Pujahan Patjirwa(Brahm Toli), Police Station- Shrinagar, District West Champaran Versus 1. THE STATE OF BIHAR 2. The Collector, West Champaran at Bettiah 3. The Sub-Divisional Officer, Bettiah, District West Champaran 4. The Additional Collector, Land Reforms, Bettiah, District West Champaran 5. The Anchal Adhikari, Bairia, District West Champaran ----------- 03/ 26.10.2009 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the impugned order dated 23.10.2008, passed by the Collector, West Champaran, Bettiah, whereunder he has cancelled the Jamabandi of the petitioner over 4 kathas and 1 dhur of lands, bearing plot nos. 2853 and 2898 of village Pujahan Patjirwa. 3. It is submitted on behalf of the petitioner that the impugned order dated 23.10.2008 has been passed on the basis of the report of the Anchal Adhikari, Bairiya dated 22.2.2008. It is further submitted that neither the Anchal Adhikari nor the District Magistrate gave the petitioner any personal notice before cancelling the Jamabandi. It is also submitted that over the aforesaid land, house of the petitioner is situate and he does not possess any land other than 4 kathas and 1 dhur in plot nos. 2853 and 2898. It is further submitted that petitioner belongs to extremely Backward Class category and appreciating the fact that he belongs to the extremely Backward Class category and 2 does not possess any land beyond 4 kathas and 1 dhur, Jamabandi ought not have been cancelled. 4. Aforesaid two aspects of the matter do not appear to have been considered by the Collector, Respondent no.2. Further, it is also not evident from the impugned order dated 23.10.2008 that any personal notice was given to the petitioner. 5. The State- respondents were allowed time to file counter affidavit, but the same has not been filed. 6. In the circumstances, having heard counsel for the petitioner and the State, I direct the petitioner to approach the Collector, West Champaran, Bettiah, Respondent no.2 by filing a petition stating the aforesaid submissions, which have been urged before this Court and if the Collector, Respondent no.2 is satisfied that the petitioner does not have any land beyond 4 kathas and 1 dhur and that he belongs to extremely Backward Class category, the Collector, Respondent no.2 shall consider the desirability to recall his earlier impugned order dated 23.10.2008. 7. Until fresh order is passed by the Collector, Respondent no.2 in the light of this order, the status quo, as existing today, be maintained. 8. This writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)