IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8191 of 2011 RAJ KUMARI DEVI W/O SRI JITENDRA PRASAD R/O VILLAGE HIRDAN BIGHA, P.O. TELMAR, P.S. HARNAUT, DIST NALANDA A/P MOHALLA SHIVA NAGAR, KHEMNICHAK, PATNA 27,P.S. RAM KRISHNA NAGAR, DIST. PATNA …PETITIONER Versus 1. THE STATE OF BIHAR 2. COLLECTOR, PATNA 3. ANCHAL ADHIKARI, SAMPATHCHAK, P.S. GAURI CHAK, DIST. PATNA 4. SUMAN SAHKARI GRIH NIRMAN SAMITI LTD. PATNA THROUGH ITS SECRETARY, MURLIDHAR PANDEY S/O LATE GENA LAL PANDEY GANDHIPATH, MITHAPUR, P.O. JAKANPUR, PATNA. 5. SUNIL KUMAR SON OF SRI BANGALI PRASAD, R/O KUMHARAR, P.S. AGAMKUAN, PATNA RESPONDENTS For the petitioner :Mr. Mahesh Prasad II & :Mr. Rewti Kant Raman For the State :Mr. Naresh Prasad A.C. to S.C. 20 ----------- 02. 06.05.2011 Heard learned counsel for the petitioner and the State. Petitioner questions the sustainability of notice contained in annexure-1 issued by the Circle Officer, Patna directing him to appear and file his response in connection with a proceeding lodged by respondent no.5 for cancellation of Jamabandi created in the name of the petitioner. The petitioner claims purchase of the land from Respondent-Society. Respondent no.5, on the other hand, claims title based on the sale deed executed in his favour by the allottee of the land. Learned counsel for the petitioner submits that the Circle Officer in such matter shall have no jurisdiction. It is further contended that considering the fact that the matter at the instance of the petitioner is pending before the Registrar, the Circle Officer should not have initiated the present proceeding. It is next contended that the 2 sale deed executed in favor of respondent no.5 has not been approved/ratified by the Society. Learned counsel appearing on behalf of the State, on the other hand, submits that preceding the present proceeding, the petitioner had already approached the Society for annulment of sale deed in favour of respondent no.5. Having heard the parties, this Court finds that a notice has only been issued to the petitioner to file his response. The Circle Officer on a consideration of the matter has to make certain recommendations to the Deputy Collector, Land Reforms for passing appropriate orders. Petitioner shall have ample opportunity to place his case before the said authority which shall be considered in accordance with law. In that view of the matter, this Court is not inclined to interfere with the matter by invocation of its extra-ordinary writ jurisdiction. The application is accordingly dismissed. . hr ( Kishore K. Mandal )