IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13759 of 2002 1. NATHUNI SAH, SON OF LUTAWAN SAH. 2. YOGENDRA SINGH, SON OF SADHU SHARAN PRASAD. 3. WAZIR MIAN, SON OF RAHMAN MIAN. 4. MAZARUL MIAN, SON OF PHULMAN MAIN. 5. MANGARU RAM, SON OF GATI RAM. 6. BISHWA NATH BHGAT, SON OF RATAN BHAGAT. ALL RESIDENTS OF VILLAGE RAM PUR, TOLA PANDITPURA, P.O. AND P.S. BHOREY, DISTRICT- GOPALGANJ………………………………………PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER, SARAN DIVISION AT CHAPRA. 3. THE COLLECTOR GOPALGANJ, DISTRICT-GOPALGANJ. 4. THE ADDITIONAL COLLECTOR GOPALGANJ, DISTRICT- GOPALGANJ. 5. THE SUB DIVISIONAL OFFICER, HATHUA, DIST. GOPALGANJ. 6. ANCHAL PADHADHIKARI BHOREY, ANCHAL DISTRICT- GOPALGANJ………………………………RESPONDENT IST SET. 7. BIKRAMA SAH. 8. GANGA SAH. 9. JAMUNA SAH. ALL SONS OF LATE GHURAL SAH. ALL RESIDENT OF VILLAGE-RAMPUR, TOLA-PANDITPURA, P.S. BHOREY, DISTRICT-GOPALGANJ. 10. RAJA SAH, SON OF LATE THAG SAH, RESIDENT OF VILLAGE RAMPUR TOLA PANDITPURA, P.O. AND P.D. BHOREY, DISTRICT-GOPALGANJ. ……………………………………………....RESPONDENTS 2ND SET. ----------- For the Petitioners : Mr. Suresh Pd. Bhakta, Advocate. For the State : Mr. Girijesh Kumar, A.C. to A.A.G.-III. For Pvt. Respondents : M/s. Devendra Kumar Sinha, Senior Advocate & Abhinay Raj, Advocate. --------------- 9. 8.9.2009. After some argument, learned counsel for the petitioners seeks permission to withdraw this application to file a proper petition under Section 4(h) of the Bihar Land Reforms Act or any other provision as permissible under law. - 2 - Learned counsel for the Private Respondent does not raise any objection with regard to the same. Permission is accorded with aforesaid liberty. This application is dismissed as withdrawn. However, as the Commissioner, Saran Division, Chapra, has set aside the order of the Collector concerned as contained in Annexure-‘2’ on the ground that the Jamabandi had been cancelled without initiating proceeding under Section 4(h) of the Bihar Land Reforms Act and held that the same is without jurisdiction, thus, liberty is granted to the petitioners to file a proper application in this regard under Section 4(h) of the Bihar Land Reforms Act or any other provision as permissible under law. If such application is filed by the petitioners within three months from today, the authority concerned shall dispose of the aforesaid application in accordance with law after hearing the parties within six months thereafter. As consented by the parties, they are directed to maintain status quo till final decision is taken by the authority concerned on such application. P.S. (Dr. Ravi Ranjan,J)