IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1020 of 2008 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 residents of Mohalla Maulaganj, Nai Sarak, Police Station Civil Lines Town and District Gaya. ……..Petitioners…Appellants 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 of 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…Respondents. ----------- 07. 24.06.2009 Heard the parties. It is not in dispute that the provisions of Bihar Tenants Holdings (Maintenance of Record) Act, 1973 have not been followed by the learned Additional Collector, Gaya who has allowed Miscellaneous Case No. 28 of 1999-2000 (Durga Paswan Vs. Bachi Devi) by his order dated 11.04.2000 which was challenged by the appellants/writ petitioners but the writ petition has been dismissed on the ground that aggrieved party can move the Civil Court. The provisions of the aforesaid Act vest power of - 2 - original court in the Anchal Adhikari and power of appeal in the Land Reforms Deputy Collector. The Collector of the District is vested only with revisional power. In this case, the Additional Collector, Gaya has assumed original power to decide mutation and on that basis he has passed the order dated 11.04.2000. The concern of this Court is not with the merit of the decision but with the procedure adopted by the authorities. Clearly the Additional Collector, Gaya failed to act as per provisions of the Act. Hence the impugned order dated 11.04.2000 which was under challenge in the writ petition deserves to be quashed. In that view of the matter, the appeal is allowed. The order of the Additional Collector contained in Annexure-1 to the writ petition is quashed. The matter is remitted back to the Anchal Adhikari, Sadar Gaya for a proper decision in the dispute between the parties in accordance with law. The parties are directed to appear before the said authority within a period of eight weeks from today along with a copy of this order. Vikash/- (Shiva Kirti Singh, ACJ) (Anjana Prakash, J.)