IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15129 of 2001 ADYANATH THAKUR Versus THE STATE OF BIHAR & ORS ----------- 05. 23.09.2008. Heard learned counsel for the petitioner, State and the counsel for the Private Respondent No.5. 2. Petitioner is aggrieved by the remand order dated 17.8.2001 passed by the Collector, Madhubani in 4(G) Appeal No. 248 of 1989-90, Annexure-10 whereunder he has directed the Deputy Collector, Land Reforms, Madhubani to re-hear Case No. 70 of 1986-87 after impleading private respondent as opposite party in the proceeding as petitioner is apprehending that while re- hearing the matter, the D.C.L.R may ignore the findings of the civil court of competent jurisdiction recorded in connection with the lands in question in Partition Suit No. 140 of 1952 and Title Suit No. 55 of 1962, Annexures- 3 and 4 as also the observations of this Court contained in order dated 11.8.1975 passed in Civil Revision No. 209 of 1971, Annexure-5. 3. Having heard counsel for the petitioner, State as also the counsel for the private respondent, I dispose of this writ application directing the D.C.L.R., Madhubani, Respondent No.3 to re-hear Case No. 70 of 1986-87 in accordance with law but while re-hearing the matter he must consider the findings recorded in Partition 2 Suit No.140 of 1952 and Title Suit No. 55 of 1962 as also the Civil Revision No. 209 of 1971, Annexures-3, 4 and 5 as it is very much evident from the decree passed in Title Suit No. 55 of 1962 that the lands in question bearing Plot No.1048 appertaining to Khata No. 273 measuring an area of 1 Bigha 8 Katha and 13 Dhurs (pond) was subject matter of those suits. While parting with this case it is made clear that the D.C.L.R. shall not take into account the averments made in the counter affidavit. 4. This writ application is, accordingly disposed of. Rajesh/ ( V.N.Sinha, J.)