IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.151 of 2002 1. Smt. Bachhi Devi Wife of Satyendra Nath Rai 2. Vijay Kumar, son of Dwarika Prasad 3. Bhola Nath Sao 4. Radhey Shyam Prasad, both sons of Late Garibchand Sao 5. Smt. Kaushalya Devi, Wife of Birendra Kumar Verma, all resident fof Mohalla- Maulaganj, Nari Sarak, Police Station- Civil Lines Town AndDistrict-Gaya…. Petitioners. Versus 1. The State of Bihar 2. The District Collector, Gaya 3. Additional Collector, Gaya 4. Durga Paswan 5. Gopal Paswan 6. Bhagwan Paswan, All sons Late Gajadhar Paswan 7. Munni Paswan 8. Indal Paswan, both sons of Late Krishna Paswan, all resident of Mohalla Ghughri Tar, Police Station- Civil Lines, District- Gaya --- - Respondents. ------------ 4. 10.11.2008 Heard Mr. Ram Kumar Sharma for the petitioners, Mr. Anwar Karim, learned Junior Counsel to Standing Counsel No.5 for respondent nos. 1 to 3, and Mr. Shambhu Nath for respondent no. 4 to 8. It arises out of mutation proceedings and is directed against the order dated 11.4.2000 (Annexure-1), passed by the learned Additional Collector, Gaya, in Miscellaneous Case No. 28 of 1999- 2000 (Durga Paswan Vrs. Bachi Devi), whereby he has allowed the claim of respondent nos. 4 to 8 for mutation of the lands in question. We have perused the materials on record and considered the submissions of learned counsel for the parties. It relates to mutation of the following lands: 2 ” ” The petitioners claim title, possession, and mutation with respect to the lands in question on the basis of a registered deed of absolute sale dated 14.1.1964 (Annexure-4), from one Laxuman Mahto who, in his turn, claims title on the basis of un-registered Hukumnama from Rani Bhuneshwari Kuar. On the other hand, respondent nos. 4 to 8 claim title to the lands in question on the basis of the settlement from Maharaj Gopal Sharan Singh, the erstwhile Jamindar about a century ago. He has placed on record copies of various survey records which in his submission, support their case of settlement and possession for such a long duration. On a consideration of the materials on record, the learned Additional Collector has upheld the claim of respondent nos. 4 to 8, and has accordingly directed that the lands in question be mutated in their favour. The proceedings so far taken before the authorities below seem to suffer from procedural irregularities and in violation of the Bihar Tenants Holdings (Maintainance of Record) Act, 1973. In the facts and circumstances of the case, I do not think it to be an appropriate exercise of discretion to remit back the case to the learned first authority, to save time, energy, and money for adjudication of right, title and interest in civil court of competent 3 jurisdiction. It goes without saying that the aggrieved party shall move the civil court of competent jurisdiction in accordance with law. The writ petition is accordingly dismissed. Vinay/ ( S. K. Katriar , J.)