IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9315 of 2009 SUDAMA SINGH SON OF LATE DALSINGAR SINGH RESIDENT OF VILLAGE MOKRAM P.S. KUDRA DISTRICT KAIMUR AT BHABHUA. Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, KAIMUR AT BHABHUA. 3. THE DEPUTY COLLECTOR, LAND REFORMS MOHANIA P.S. MOHANIA DISTRICT KAIMUR BHABHUA. 4. THE CIRCLE OFFICER, KUDRA P.S. KUDRA DISTRICT KAIMUR AT BHABHUA. 5. RAM NARAIN SINGH SON OF SHRI RUPU SINGH RESIDENT OF VILLAGE GURARA, P.O. SAKARI P.S. KUDRA DISTRICT KAIMUR AT PRESENT RESIING AT VILLAGE MOKRAM P.S. KUDRA DISTRICT KAIMUR AT BHABHUA. 6. THE ADDITIOANL COLLECTOR, KAIMUR AT BHABHUA. ----------- 04. 26.03.2010 Heard learned counsel for the petitioner, the State as also counsel for private respondent no.5. 2. Petitioner is aggrieved by the order dated 27.9.2008 passed by the Additioanl Collector, Kaimur at Bhabua in Misc. Case No.24 of 2007-08, Annexure-9, whereunder order dated 16.5.2005 passed by the Deputy Collector, Land Reforms, Mohania in Mutation Appeal case No.65 of 1998-99, Annexure-8 directing mutation of the lands in question in favour of the petitioner has been set aside. 3. It is submitted on behalf of the petitioner that he is in possession of the lands in question and in recognition of such fact he has been issued rent receipt by the revenue authorities, but ignoring such possession the Additional Collector, Kaimur has passed order dated 27.9.2008, Annexure-9 setting aside the order dated 16.5.2005, Annexure-8 which is without jurisdiction in view of Section-16 of the Bihar Tenants Holdings(Maintenance of Records) Act, 1973 as thereunder it is only Collector of the district who is authorized to consider the revision filed against the appellate order, however, no useful purpose will be served by remanding the matter to the Collector - 2 - of the district. In the background aforesaid, it is submitted that petitioner being in possession he shall file declaratory suit for declaration of his title and confirmation of possession over the lands in question and the findings recorded by the Additional Collector under order dated 27.9.2008, Annexure-9 be subject to the result of the title suit, which the petitioner is proposing to file. 4. Having heard counsel for the petitioner and Sri Ram Narain Singh, respondent no.5, I grant liberty to the petitioner to file title suit for declaration of his title and confirmation of possession over the lands in question and the findings recorded under the said order dated 27.9.2008, Annexure-9 passed by the Additional Collector shall be subject to the result of the title suit which the petitioner is proposing to file. In the event, petitioner is threatened of his possession by Ram Narain Singh or by any other person, petitioner is at liberty to approach the civil court for grant of injunction. 5. With the observation aforesaid this writ application is disposed of. Rajesh/ (V.N.Sinha, J.)