IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6140 of 2010 1. KALINDI DEVI W/O DAYA NAND SINGH R/O VILL MADURANA, P.S.CHAINPUR, DISTT-KAIMUR (BHABHUA) 2. GOVINDI DEVI W/O MAHENDRA SINGH R/O VILL & P.S.SONHAN, DISTT- KAIMUR Versus 1. THE STATE OF BIHAR THROUGH ADDITIONAL COLLECTOR KAIMUR, BHABHUA 2. THE ADDITIONAL COLLECTOR KAIMUR, BHABHUA 3. ANCHALADHIKARI KAIMUR, BHABHUA 4. D.C.L.R. KAIMUR, BHABHUA 5. SURENDRA SINGH S/O LATE DEODATT SINGH R/O VILL DUMDUM, ANCHAL-BHABHUA, DISTT-KAIMUR ----------- 03. 12.04.2010 Heard learned counsel for the petitioners and the State. 2. Petitioners are claiming the lands in question through their mother Sona Kuer who is the wife of late Deodutt Singh and are in possession of the lands in question. They have filed this writ application for setting aside the order dated 1.2.2010 passed by the Additional Collector, Kaimur at Bhabua in mutation Revision Case No.157,158 of 2008-09, Annexure-3 whereunder the appellate order dated 10.6.2008 passed in Mutation Appeal No.16 of 2007-08 passed in favour of the petitioners has been set aside. 3. It is submitted on behalf of the petitioners that order dated 1.2.2010 passed by the Additional Collector, Annexure-3 is wholly without jurisdiction as the same has been passed in teeth of the provisions contained in Section-16 of the Bihar Tenants 2 Holdings(Maintenance of Records) Act, 1973 which inter alia empowered the Collector of the district to consider the revision application filed against the order passed in mutation appeal. Order dated 1.2.2010, Annexure-3 being without jurisdiction is required to be set aside by this Court but after notice to Sri Surendra Singh, respondent no.5, the step brother of the petitioners. Service of notice on Sri Surendra Singh, respondent no.5 is likely to take some time. In the circumstances, considering the fact that petitioners are already in possession of the lands in question this writ application is disposed of with liberty to the petitioners to approach the competent civil court by filing suit for declaration of their right title and interest over the lands in question and if during the pendency of the suit before the civil court the possession of the petitioners over the lands in question is threatened by Sri Surendra Singh, respondent no.5, the step brother of the petitioners, it shall be open for the petitioners to request the civil court to consider their prayer for grant of interim injunction. Findings recorded in the revisional order dated 1.2.2010, Annexure-3 shall, however, be subject to the result of the suit filed by the petitioners. Rajesh/ ( V. N. Sinha, J.)