IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6471 of 2008 1. Md. Aslam, 2. Md. Salauddin, both sons of Late Md. Rashid, 3. Md. Mazharul, 4. Md. Yasin, 5. Md. Alimuddin, all sons of Late Md. Tasiruddin, village Saptara Fatehpur, PS Balrampur-Petitioners. Vs. 1. The State of Biharr, 2. The Sub-Divisional Officer, Barsoi, Dist. Katihar. 3. The Circle Officer, Balrampur, Dist. Katihar. 4. Mostt. Shama Khatoon, wife of Late Md. Majharul Haque, village Fatehpur, PS Balrampur, Dist. Katihar – Respondents. 4 22.6.2009 Heard learned counsel for the petitioners, the State counsel and the counsel for respondent no.4. This writ petition has been filed challenging the order passed by the Subdivisional Officer, Barsoi by which he has held that the order passed by the Circle Officer is defective as the Circle Officer did not hear respondent no.4 who was the necessary party in the case. The claim of respondent no.4 is that he is the 3rd purchaser. The original land lord sold the property in question in 1969 to Bibi Saleha Khatoon and Bibi Husna Khatoon. It is said that Bibi Saleha Khatoon and Bibi Husna Khatoon sold the said land vide sale deed no. 4925 to respondent no.4. The claim of respondent no.4 is that after the sale was executed, he came in possession and has been paying rent to the State of Bihar. The petitioners’ case, on the other hand, is that they are in possession of the lands in question since 1950 and the inspection of the lands made during the proceeding indicates that the petitioners are in possession of the land. The Subdivisional Officer rejected the claim 2 of the petitioners on the ground that they did not implead respondent no. 4 as a party before the Circle Officer. This court finds that respondent no.4 ought to have been heard in the matter before any order was passed with respect to the holding that either party is the rightful raiyat of the lands in question specially in view of the fact that respondent no.4 is claiming possession and title to the said land. Accordingly, the order, dated 3.1.2008 passed by the Subdivisional Officer, Barsoi in R.A.No. 10/2006-07 is hereby quashed and the matter is remanded to the Circle Officer, Balrampur for a fresh decision in the matter. The petitioners and respondent no.4 should appear before the Circle Officer within three weeks on receipt of a copy of this order and stake their claims. The Circle officer thereafter will decide the matter within a period of six weeks. If either party prefers appeal before the Subdivision officer, he too will decide the case expeditiously and preferably within a period of two months from the date of filing of such appeal. In the result, this writ petition is allowed with the aforesaid observations and directions. haque (Sheema Ali Khan, J.)