IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16760 of 2008 BABU LAL SINGH, SON OF SRI KEDAR SINGH, RESIDENT OF VILLAGE USARI, P.S. MOHANIA, DISTRICT KAIMUR AT BHABUA ---- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, KAIMUR AT BHABUA 3. THE DEPUTY COLLECTOR, LAND REFORMS, MOHANIA, KAIMUR 4. THE CIRCLE OFFICER, MOHANIA, BHABUA 5. NOORJAHAN BEGUM, WIFE OF MATWAR ANSARI, RESIDENT OF JHALI, P.S. KARAMCHAT, DISTRICT KAIMUR AT BHABUA. 6. AYODHYA SINGH, SON OF SRI KEDAR SINGH, RESIDENT OF VILLAGE USARI, P.S. MOHANIA, DISTRICT KAIMUR AT BHABUA. ---- RESPONDENTS ----------- 4 25.6.2010 The case of the petitioner is that he along with his brother purchased a piece of land measuring .04 decimals by a registered sale deed dated 24.5.1995 annexure-1 to the writ application. Since the petitioner was living out side the village it is submitted on his behalf that the brother got the name mutated in a mutation proceeding. Later on the brother of the petitioner respondent no. 6 sold the lands to respondent no. 5. The petitioner on learning of the mutation order challenged the order of the Circle Officer, Mohania, Bhabua by filing an appeal before the D.C.L.R. The appeal was allowed and the order passed by the Circle Officer was set aside. The respondents filed a revision before the Collector which was heard by the Additional Collector, Kaimur, Bhabua and disposed of on 11.8.2008 allowing the revision of the respondent no. 5 i.e. the purchaser. The matter was heard by the Collector and he could not pass the order and as such the order has been passed by the Additional Collector. It has been settled by order passed in 1997(2)PLJR 404 that the meaning of Collector is clearly defined in Section 2C of the Act. It envisages that a revision 2 filed under Section 16 of the Act in which the power has been conferred on the Collector to hear the revision cannot be heard by the Additional Collector and he could not have passed any order therefore, the impugned order passed is without jurisdiction and ultra vires of Section 16 of the Act. I accordingly quash the order dated 11.8.2008 passed by the Additional Collector, Kaimur (Bhabua) in Mutation Revision Case No. 48,49 of 2005-06/85,86 of 2008-09 and remand the matter to the Collector, Kaimur, Bhabua to hear the case on merits. This application is allowed. Sanjay (Sheema Ali Khan, J.)