IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.761 of 2008 ***** Dharmendra Das, son of Sobhan Das, Resident of village-Madheli, P.S. Mahalgaon, District-Araria. …. …. Petitioner - Appellant Versus 1. The State of Bihar. 2. The District Collector, Araria. 3. The S.D.O., Araria. 4. The D.C.L.R., Araria. 5. The Anchal Adhikari, Araria. 6. Koushal Kishore Jha, Head Master of Uma Nath Roy High School, Udahat, P.S. Jokihat, District-Araria. 7. Amar Nath Roy alias Lalan Roy 8. Shailendra Roy. Both Nos. 7 & 8 are sons of Late Phani Nath Roy, Resident of village-Ukhwa, P.S.- Jokihat, District-Araria. 9. Guneshwar Majumdar. 10. Kameshwar Majumdar. Both Nos.9 and 10 are sons of Late Banwari Majumdar, Resident of Village-Saura Sagunia, P.S.-Amour, District- Purnea. ….. …. Respondents - Respondents ----------- For the Appellant : Mr. Ram Kumar Sharma, Senior Advocate Mr. Mrigendra Kumar, Advocate Mr. G.P.Gupta, Advocate For the Respondents : Mr. Dhurendra Kumar, Junior Counsel to Standing Counsel-V ---------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----------- Dated, the 7th November, 2008. We heard the counsel for the appellant. 2. The only contention put forth by the counsel is that the Deputy Collector, Land Reforms could not have recalled its earlier order - 2 - dated 1st December, 1999, as no such power of review or recall is given under the Bihar Tenancy Act, 1885. 3. The order dated 1st December, 1999, seems to have been passed by the Deputy Collector, Land Reforms, Araria on the application for compromise made by the present appellant and the respondent nos. 9 and 10. In that application, the present respondent nos. 6, 7 and 8, who were necessary parties were not impleaded nor there was any compromise between the appellant and respondent nos. 6 to 8. Apparently, such compromise was non-est in law. Consequently, recall of the order dated 1st December, 1999 by the Deputy Collector Land Reforms cannot be said to be without jurisdiction. 4. Letters patent appeal does not deserve to be admitted. It is dismissed in limine. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-