IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16063 of 2009 SUBODH KUMAR SAHU @ SANJAY KUMAR, Son of Sri Rameshwar Prasad Sahu, resident of Town Arrah of Police Station- Arrah, District- Arrah :------ Petitioner. Versus 1.THE STATE OF BIHAR 2. The Collector, Bhagalpur, District- Bhagalpur. 3. The Additional Collector, Bhagalpur, District- Bhagalpur. 4. Deputy Collector Land Reforms, Naugachhia, Naugachhia District- Bhagalpur. 5. Circle Officer, Gopalpur, Naugachia, District- Bhagalpur. 6. Pravash Kumar Sahu, Son of Bhupendra Prasad Sahu, resident of Village- Sahu Parbatta of Police Station- Parbatta, District- Bhagalpur :------ Respondents. ----------- 2. 24.11.2009. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order dated 05.07.2007 passed by the Collector, Bhagalpur in Misc. Revision (Review) Case No. 13/2003-04, Annexure-9, whereunder request of the petitioner to recall the order dated 26.5.2004 passed in Misc. Revision Case No. 13/2003-04 has been rejected. 3. It is submitted on behalf of the petitioner that the lands – in-question were mutated in his name way back in the year 1989 and pursuant to such mutation he was paying rent. Private respondents thereafter filed Misc. Case No. 02/2002-03 before the Deputy Collector Land Reforms, Naugachhia, who under order dated 16.12.2002, Annexure-5 cancelled the mutation of the lands in- question made in favour of the petitioner. Against the order dated 16.12.2002, Annexure-5 petitioner filed Appeal Case No. 08/2002-03 which was disposed of by the Additional Collector, Bhagalpur under orders dated 16.04.2003, Annexure-6 setting aside the order passed by the Deputy Collector Land Reforms dated 16.12.2002, Annexure-5. Private respondents thereafter filed Misc. Revision Case No. 13/2003- - 2 - 04 before the Collector, Bhagalpur, who under order dated 26.05.2004, Annexure-7 set aside the order passed by the Additional Collector dated 16.4.2003, Annexure-6 without hearing the petitioner, although the petitioner was noticed in the Revision application but failed to appear on one occasion and the order dated 26.5.2004 was passed allowing the Misc. Revision case. Later, petitioner requested the Collector by filing review petition to recall the order dated 26.5.2004, Annexure-7 and hear the matter on merit in presence of both the parties. Said review application has been rejected under order dated 5.7.2007, Annexure-9. 4. Having heard counsel for the petitioner and the State, I direct the petitioner to pay a cost of Rs. 1,000/- to the private respondent and the amount be deposited in the court of Collector, Bhagalpur within three weeks from today whereafter the Collector should issue notice to the private respondent and after his appearance ensure payment of the aforesaid amount to the private respondent and thereafter recall the order dated 26.5.2004, Annexure-7 and then proceed to hear and dispose of Misc. Revision Case No. 13/2003-04 on merit as the earlier order dated 26.5.2004 has been passed without the benefit of the submission of the petitioner. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)