IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15020 of 2001 RAMESHWAR YADAV Versus THE STATE OF BIHAR & ORS ----------- 03. 23.09.2008. Heard learned counsel for the petitioner and the State. None appears for the private respondent no.6, although notice of these proceedings has been served on him. 2. Petitioner is aggrieved by the order dated 17.10.2001 passed by the Commissioner, Kosi Division, Saharsa in Mutation Revision Case No. 22 of 1994-95, Annexure-7 whereunder he has set aside the order dated 10.2.1993 passed by the Additional Collector, Saharsa in Mutation Revision Case No. 185 of 1990-91, Annexure-4. It is submitted on behalf of the petitioner that in terms of the provisions contained in the Bihar Tenants Holdings (Maintenance of Records) Act, 1973, the Divisional Commissioner does not have any jurisdiction to entertain second revision application and on this ground alone, order dated 17.10.2001 passed by the Commisisoner, Kosi Division, Saharsa, Annexure-7 is fit to be set aside. 3. While considering the aforesaid submission on behalf of the petitioner, this Court noticed that the revisional order dated 10.2.1993, Annexure-4 was passed by the Additional Collector, Saharsa who in terms of the - 2 - provisions contained in Section 16 of the Act is not empowered to consider the revision application, accordingly, both the order dated 17.10.2001, Annexure- 7 as also the order dated 10.2.1993, Annexure-4 are set aside and the matter is remitted back to the Collector, Saharsa where the petitioner is directed to appear along with a certified copy of this order on 10.11.2008 and the Collector of the District thereafter shall issue notice to private respondent and if private respondent fails to appear before the Collector within a reasonable time then he proceed with the matter and dispose of the same in accordance with law. 4. This writ application is, accordingly disposed of. Rajesh/ (V.N.Sinha,J.)