IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.48 of 2004 Shankar Choudhary, son of Late Kapildeo Choudhary, village Bhalua, PS Shambhuganj, Dist. Banka Petitioner. Vs. 1) The State of Bihar, 2) The Collector, Banka. 3) D.C.L.R. Banka. 4) The Circle Officer, Shambhuganj, Dist. Banka. 5) Nepali Choudhary, son of Sri Harinandan Choudhary, village Bhalua, PS Shambhuganj, District Banka – Respondents. 4 20.8.2010 Heard learned counsel for the parties. The petitioner has challenged the order, dated 6.10.2003 passed by the Deputy Collector Land Reforms, Banka at the instance of Nepali Choudhary, respondent no. 5 by which he has cancelled the Jamabandi opened in favour of the petitioner in pursuance of Mutation Case No. 74/1995-96. The case of the petitioner is that he is the adopted son of Kapildeo Choudhary which would be apparent from Annexures 1 and 2, the school leaving certificate of the year 1976 and the voters’ list. During the life time of Kapildeo Choudhary, the name of the petitioner was recorded vide Mutation Case No. 74/1995- 96. Respondent no. 5 after the death of Kapildeo Choudhary claimed that he being a nephew, is heir of Kapildeo Choudhary and made an application for cancellation of Jamabandi before the Deputy Collector Land Reforms. Learned counsel for the petitioner submits that the Deputy Collector Land Reforms could not have cancelled the Jamabandi without setting aside the order of the Anchal Adhikari 2 by which the name of the petitioner was mutated in the revenue records. For the purpose of the aforesaid proposition, the petitioner relies on a decision of this court, in the case of Lal Muni Devi vs. State of Bihar, 1988 PLJR 174 in which this court in a similar case quashed the order passed by the Deputy Collector cancelling the Jamabandi. Considering the ratio of the case of Lal Muni Devi (supra), this court quashes the order dated 6.10.2003 contained in Annexure 7 cancelling the Jamabandi of the petitioner. Any party aggrieved will have the legal remedy available under the Bihar Tenant Holdings (Maintenance of Records) Act. This writ petition is allowed. haque ( Sheema Ali Khan, J.)