IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1325 of 1999 1. SMT.MANWARA KHATOON w/o Khursheed Imam 2. Smt. Humaira Khatoon D/o Late Wajih Ahmad 3. Arshad Imam 4. Akbar Imam - Both sons of Khursheed Imam 5. Tarannum Khatoon D/o Khursheed Imam - All residents of village – Babhandi, PS Amas, PO Dariora, District Gaya ….Opp.Party IInd set /Petitioners Versus 1. THE STATE OF BIHAR 2. Addl. Collector, Gaya 3. Sub-Divisional Officer, Sherghati, Gaya 4. Land Reforms Deputy Collector, Sherghati, Gaya …Opp.Parties 1st set/Respondents 5. Bibi Khairunnissa w/o Late Rashid Ahmad 6. Suresh Singh s/o Sri Mungeshwar Singh 7. Smt. Prema Devi w/o Late Rampati Yadav 8. Smt. Lalmuni Devi w/o Sri Musafir Yadav 9. Radhey Dusadh S/o Late Bipat Dusadh -Respondent no.5 R/o village – Mungrain, Respondent nos. 6 to 9 are R/o village –Babhandih, PS Amas, PO Dariora, Distt. Gaya ……..Petitioners/Opp.parties 10. Asghar Imam S/o Khursheed Imam, R/o Mohalla – Maroofganj, PS Kotwali, Dist. Gaya, at present residing at Murbad Dist. Thane (Maharastra)…Respondents ----------- 05- 19/8/2010 Heard Mr. Gopal Jee for the petitioners, Mr. Arun Kumar Pandey, learned Assistant Counsel to Standing Counsel II (Ceiling), and Mr. Md. Abu Haidar for respondent no.5. This appeal under clause 10 of the Letters Patent of Patna High Court of Judicature at Patna, raises a grievance with respect to the order dated 13.9.99, passed by a learned single Judge of this Court in CWJC no.3859 of 1989, whereby the matter has been remitted to the learned Sub Divisional Magistrate, Sherghati in the district of Gaya, for a fresh decision in 2 accordance with law, after affording reasonable opportunity of hearing to the parties. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. Respondent no.5 had preferred the writ petition against the order of cancellation of Jamabandi which stood in her name. The orders of the quasi-judicial authorities have been set aside by the learned single Judge on the ground that opportunity of hearing was not granted to the parties, has remitted the matter to the learned Sub Divisional Officer, Sherghati, Gaya, for a fresh decision in accordance with law after affording reasonable opportunity of hearing to the parties. Law is well settled that this Court normally does not interfere with an order of remand. It is open to the parties to present their cases before the authority has gone back for a fresh decision. We are, therefore, not inclined to interfere with the order of the learned single Judge. 3. Before we part with the records, we must notice IA No.2638 of 2006, wherein it is stated that respondent no.5 died on 10.5.2002, leaving behind 3 her heirs mentioned therein. We do not propose to deal with this application on merits. It will be open to the concerned parties to file an appropriate application before the learned Sub Divisional Officer who shall consider the same in accordance with law. 4. This appeal is accordingly dismissed. In the facts and circumstances of the case, there shall be no order as to costs. ( S K Katriar ) ( Birendra Prasad Verma ) mrl