IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.263 of 2009 In (CIVIL WRIT JURISDICTION CASE 9740/2007) 1. RAM ASHISH SINGH 2. MOST.GANESIA DEVI (WIFE) 3. SIDHNATH SINGH (SON) 4. RAVIKANT SINGH (SON) 5. UMA SHANKAR SINGH (SON) SMT. DALGIRA DEVI (DAUGHTER) ALL R/O VILLAGE MALHIPUR, P.S. RAJPUR, DISTRICT-BUXAR ………….Petitioners Versus 1. THE STATE OF BIHAR THROUGH COLLECTOR, BUXAR 2. THE COLLECTOR BUXAR, DISTRICT BUXAR 3. THE ADDL. COLLECTOR BUXAR, DISTRICT- BUXAR 4. THE SUB-DIVISIONAL OFFICER BUXAR DISTRICT- BUXAR 5. THE CIRCLE OFFICER RAJPUR, DISTRICT- BUXAR 6. GANESH SINGH S/O RAMYASH SINGH 7. KAMALWATI DEVI, W/O RAJESHWAR SINGH 8. MAINA KUER W/O LATE RAM RAJ SINGH ALL RESPONDENT NOS. 6 TO 8 R/O VILLAGE MALHIPUR, P.S. RAJPUR, DISTRICT- BUXAR ………….Respondents ---------------------------------- For the Appellants : Mr. R.S. Pradhan, Sr. Adv. : Mr. Binod Kumar, Adv. For the Respondents No.6-8 : Rajiv Ranjan Kr. Pandey, Adv. ---------------------------------- 7. 15.12.2011 The present appeal has been filed against the order dated 12.02.2009 (Annexure-6) passed in C.W.J.C. No. 9740/07 filed by the appellants herein. The learned Single Judge who heard the matter has dismissed the writ petition and confirmed the settlement of the land in question in favour of the respondent no.6 to 8. It has been contended before the learned Single Judge as well as before us that the Additional Collector has called for the report from the Circle Officer (Purnea) but however, the fact that the appellant was in possession of the land and the report has not been taken into consideration and the reports of the Circle Officer which supports the case of the appellants herein. Having heard other side, we are of the opinion that it would suffice, if issue direction to the District Collector, Buxar to the respondents herein to heard the matter afresh after affording an opportunity of hearing to the parties. We make it clear that if the appellants fail to substantiate his case with regard to his possession and also with regard to the cause of action that was deposed in the writ petition. The order of the learned Single Judge becomes operative. Fahad/Ashwini. ( T.Meena Kumari, J. ) ( Vikash Jain, J. )