IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7122 of 2002 SHATRUGHAN PD.AGRAWAL & ORS Versus THE STATE OF BIHAR & ORS ----------- 4 19.1.2010 KHAN The petitioner prays for setting aside the order dated 14.9.2001 passed by the Superintendent (Survey) in Appeal Case No.269 of 2000 as well as Appeal Case No.273 of 2000. Counsel for the petitioners submits that the authorities without considering the documents particularly the rent receipt and the order passed by the D.C.L.R setting aside the order of mutation, granted by the Circle Officer have not been considered. On the other hand, learned counsel for the contesting respondents state that the Appellate authority on the basis of the possession has passed the order for opening of Khata in the survey record of right. Without going into the merit of the case of the rival parties, I remit back the matter to the Appellate Authority i.e. the Superintendent (Survey), respondent no.3 to dispose of the appeal afresh, after considering the documents filed by the petitioners, preferably within a period of three months from the date of receipt/production of a copy of this order. The impugned order dated 14.9.2001 passed by the Superintendent (Survey) in Appeal Case No.269 of 2000 as well as Appeal Case No.273 of 2000 is set aside. It would be open for the parties to make submissions in respect of their respective claims. In the result, this writ application is allowed. (S.P.Singh,J) 2