IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14906 of 2009 1. THAKUR YADAV, Son of Late Talewar Yadav, 2. Narayan Yadav, Son of Late Bahadur, Both Resident of Village- Mahugai, Post Office- Batia, Police Station- Sono, Distt- Jamui :---- Petitioners. Versus 1. THE STATE OF BIHAR through Chief Secretary, Govt. of Bihar, Patna. 2. The Chief Secretary, Govt. of Bihar, Old Secretariat, Patna. 3. Divisional Commissioner, Munger. 4. Additional Collector, Jamui. 5. Circle Officer, Sono, Distt- Jamui. 6. Deputy Collector Land Reforms, Jamui. 7. S.D.O., Jamui, Distt- Jamui. 8. Halka Karamchari, Sono, Distt- Jamui. 9. Suresh Paswan, S/o- Chandradeo Paswan, 10. Smt. Kiran Devi, W/o- Suresh Paswan. 11. Smt. Sudama Devi, W/o- Chandradeo Paswan, All Respondent No. 9 to 11 residents of Vill. Mahugai, P.O.- Batiya, P.S.- Sono, Distt. Jamui :---- Respondents. ==== 2. 07.11.2009. Heard learned counsel for the petitioners and the State. 2. Petitioners are aggrieved by the order dated 12.2.2009 passed by the Additional Collector, Jamui in Revenue Revision Case No. 17 of 98-99, Annexure- 4. It is submitted on their behalf that they along with Bahadur Yadav and others are the settlee of Plot No 1360 and 1365 from Maharaja of Giddhaur and having obtained the settlement they were also mutated in the Sarista of the ex landlord and after vesting of the Jamindari by the State of Bihar, earlier they were aggrieved by the order dated 30.6.1998 passed by the Additional Collector, Jamui in Misc. Case No. 51 of 97-98, Annexure-1 against which they preferred Revenue Misc. Revision Case No. 17/98-99 before the Divisional Commissioner, Munger who under order dated 19.3.2002, Annexure-3 remanded the matter to the Additional Collector directing the Additional Collector to hold a local inspection after notice to the petitioners as also to Suresh Paswan and - 2 - others and to verify whether Plot Nos. 1360 and 1365 have been amalgamated or are separated by a road in between the two plots. It is submitted on behalf of the petitioners that after remand learned Additional Collector never issued notice to Bahadur Yadav or the petitioners for conducting local inspection as also they were not even heard and thereby the Additional Collector while passing the order dated 12.2.2009 ignored the directions of the Divisional Commissioner contained in order dated 19.3.2002, Annexure-3 to this application. Having heard counsel for the petitioners and the State, I am of the view that petitioners have a remedy against the order dated 12.2.2009 passed by Additional Collector, Jamui in Revenue Revision Case No. 17/98-99, Annexure-4 before the Divisional Commissioner and accordingly this writ application is disposed of with direction to the petitioners to challenge the order dated 12.2.2009, annexure-4 by filing Revenue Misc. Revision before the Divisional Commissioner, Munger who should consider the same and ensure compliance of the order dated 19.3.2002 passed in Revenue Misc. Revision Case No. 17/98-99, Annexure-3 in accordance with law as early as possible in any case within a period of two months from the date of receipt of the petition challenging the aforesaid order dated 12.2.2009. It shall be open for the Divisional Commissioner to pass interim order in order to ensure that there is no breaking of heads by the parties over the lands-in-question. P.K.P. (V.N.Sinha, J.)