IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4049 of 2003 DEVENDRA PRASAD THAKUR, Son of Raghunandan Prasad Thakur, resident of Village-Laloo Chhapra, Police Station-Paroo, District-Muzaffarpur. Versus 1.THE STATE OF BIHAR. 2.The Commissioner, Tirhut Division, Muzaffarpur. 3.The Collector, Muzaffarpur. 4.The Block Development Officer, Saraiya Block, Police Station-Saraiya, District-Muzaffarpur. ----------- 5 29/7/2009 Heard counsel for the petitioner and counsel for the State. Obviously this writ application, on the own showing of the petitioner, against the order dated 30.8.2002 is not maintainable as it was passed by the Collector on remand by the Commissioner. Such order of the Commissioner being an appellate order if the petitioner is again aggrieved by the order of Collector the remedy for him will be to move the same authority, i.e the Commissioner of the Division. This writ application has been filed without exhausting the alternative remedy and therefore this writ application is wholly misconceived and is accordingly dismissed. It is, however, made clear that dismissal of this writ application will not stand in the way of the petitioner in approaching the Commissioner for assailing the order passed by the Collector. Abhay Kumar (Mihir Kumar Jha, J.)