IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4664 of 2010 SMT.NOOTAN KUMARI, DAUGHTER OF LATE SHAILENDRA NATH ALIAS BAITHUN THAKUR, WIFE OF DR. SANJIV KUMAR MISHRA, RESIDENT OF VILLAGE/MOHALLA GOSAIDASPUR, POLICE STATION NATH NAGAR, DISTRICT BHAGALPUR. Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY, DEPARTMENT OF REVENUE AND LAND REFORMS, BIHAR, PATNA. 2. THE SECRETARY, DEPARTMENT OF REVENUE AND LAND REFORMS, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 3. THE DISTRICT MAGISTRATE/COLLECTOR, BHAGALPUR. 4. CHANGURI MANDAL, SON OF LATE JULHAN MANDAL. 5. MAHESH YADAV, SON OF JADDU YADAV. 6. AJIM KHAN, SON OF NAKIR KHAN. 7. BIBI SHAKILA WIFE OF IDRIS KHAN. 8. SMT. RAMA DEVI WIFE OF JAMUN MANDAL. 9. JAMAL KHAN SON OF SARJAN KHAN. 10. TABHO DEVI WIFE OF BINOD YADAV. 11. YUSUF KHAN SON OF MULTAN KHAN. 12. DHATURI YADAV SON OF BAMI YADAV. 13. KAMESHWARI YADAV, SON OF GULAB YADAV. 14. SARIF KHAN, SON OF MOHID KHAN. 15. MASRAF KHAN SON OF SULTAN KHAN. 16. TULESHWAR SON OF SULTAN KHAN. 17. ANISH KHAN SON OF SULTAN KHAN. 18. JAMIL KHAN SON OF SARJAN KHAN. 19. ASGAR KHAN SON OF MULTAN KHAN. 20. JUBEDA KHATOON WIFE OF YUSUF KHAN. 21. SARIF KHAN SON OF MILTAN KHAN. 22. WAFLI KHAN SON OF BOAN KHAN. 23. KEYAZ KHAN SON OF SHAID KHAN. 24. GUAMAL KHAN SON OF FEJA KHAN. 25. GULJAR KHAN, SON OF SAHID KHAN. 26. KEYAZ KHAN SON OF SAHID KHAN. 27. JUGAL MANDAL SON OF LATE CHANDAN MANDAL 28. RAJ KUMAR MANDAL SON OF SRI SHYAM MANDAL. 29. MODI YADAV SON OF LATE YADU YADAV. 30. HARILAL YADAV SON OF LATE BAUNI YADAV. 31. BHUDEO MANDAL SON OF LATE BAIJA MANDAL. 32. KAMESHWAR MANDAL SON OF SUMARI MANDAL. 33. CHOTELAL YADAV SON OF ALKU YADAV. 34. KARU YADAV SON OF GANESH YADAV. 35. UMESH YADAV SON OF GANESH YADAV, ALL RESIDENT OF VILLAGE BHATORIA, P.S. NATH NAGAR, DISTRICT BHAGALPUR. ----------- 02. 18.03.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order dated 18.1.2010 passed by the Collector, Bhagalpur in Misc. Case No.103 of 2006- 07, Annexure-3, whereunder he has set aside the order date 4.1.2007 passed by the Deputy Collector, Land Reforms, Sadar Bhagalpur in Misc. Case No.11 of 2003-04 creating Jamabandi of 2 the lands in question in favour of petitioner. From perusal of the impugned order, it appears the Jamabandi of the lands in question created in favour of the petitioner has been cancelled on the ground that the lands in question was sold by the father of the petitioner, late Shailendra Nath @ Baithun Thakur by executing various sale deeds between 1971-75 on the basis of which private respondents were also put in possession of the lands in question and in appreciation of possession of the lands in question Jamabandi of the lands in question earlier created in favour of the petitioner has been cancelled by the Collector under the impugned order. Petitioner assails the aforesaid order of cancellation on the ground that on the date of execution of the sale deed by the father of the petitioner he had no authority to execute the same as the lands in question was allocated to the petitioner in family partition, memorandum whereof was registered much earlier to the execution of the sale deed. As the case of previous family partition under registered memorandum of partition cannot be appreciated in the proceedings taken before the revenue authorities, petitioner should be well advised to file title suit raising the plea of previous family partition. 3. With the observation aforesaid this writ application is disposed of. Rajesh/ ( V. N. Sinha, J.)