IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13575 of 2006 SHEOLAL BISHWAS & ANR Versus THE STATE OF BIHAR & ORS ----------- 02/ 23.7.2008 Heard learned counsel for the petitioners and the State. 2. Petitioners are aggrieved by the order passed by the Appellate Authority dated 24.7.2006, Annexure-5 to this application whereunder the order passed by the Circle Officer dated 10.12.2004, Annexure-4 to this application declaring them to be the occupancy raiyats of the lands in question has been set aside on the ground that petitioners are not in possession of the lands in question. 3. It is submitted on behalf of the petitioners that such finding is wholly non-est in the eye of law as the same has been recorded on the basis of the report of the police authorities submitted in connection with 107 Cr.P.C. proceeding. It is further submitted on behalf of the petitioners that in the revisional survey, father of the petitioners have been recorded as Sikmidar of the lands in question on the basis of which the proceeding under Section 48D of the Bihar Tenancy Act was initiated before the Circle Officer, who passed the order dated 10.12.2004, Annexure-4 to this application on the basis of the report of the Halka Karamchari and the finding recorded by the Circle Officer ought not to have been set aside by the appellate authority on the basis of the report of the police officers rendered in a proceeding under Section 107 Cr.P.C. 4. Having heard counsel for the parties, I am of the view that under the impugned order dated 24.7.2006, Annexure-5, - 2 - petitioners have not been found to be in possession of the lands in question, as such, I direct them to file appeal against the said order before the Collector of the District, who should direct a senior revenue officer to visit the lands in question in presence of the parties and thereafter ascertain the actual status of the lands in question as to who is in possession of the lands and thereafter pass appropriate orders in terms of the relevant provisions of the Bihar Tenancy Act. Necessary exercise in compliance of this order be made as early as possible, in any case, within three months from the date of receipt of the memo of appeal along with a certified copy of this order. 5. This application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)