IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12363 of 2008 PALTAN MANDAL Son of Late Bachchan Mandal, Resident of Village- Lalpur, P.O.- Majuwa, P.S.- Bounsi (Raniganj), District- Araria ------------------ Petitioner Versus 1. THE STATE OF BIHAR through the Collector, Araria 2. The Collector, Araria 3. The Additional Collector, Araria 4. The Deputy Collector, Land Reforms, Araria 5. Dinesh Bhagat Son of Late Jagdev Bhagat, resident of Vilage- Lalpur, P.O.- Majuwa, P.S.- Bounsi (Raniganj), District- Araria. 6. Shankar Bhagat Son of Late Jagdev Bhagat, resident of Village- Lalpur, P.O.- Majuwa, P.S.- Bounsi (Raniganj), District- Araria ------------------Respondents. ----------- 2. 12.5.2009 This application has been filed by the petitioner for quashing the order dated 29.02.2009 passed by the Additional Collector, Araria in Case No. 4/2006-07/64/2007-08 whereby the appeal preferred by the petitioner against the order dated 28.2.2006 passed by the Deputy Collector, Land Reforms in Case No. 27/2005-06 has been rejected. Petitioner is the purchaser and pre-emption application filed by respondent no. 5 has been allowed by the D.C.L.R., Araria as well as the Additional Collector, Araria, the appellate authority. There is a provision for filing revision before the Divisional Commissioner under Section 16(3) of the Act, against the order passed in Appeal. Earlier revision applications used to be before the Board of Revenue under Section 32 of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act 1961. Now the revision against the order passed by the Collector or Additional - 2 - Collector under Section 16(3) of the Act are to be filed before the Divisional Commissioner as provided under Section 16(3) of Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act 2006. The petitioner has not exhausted his statutory remedy available under Section 16(3) of Act by filing Revision before the Divisional Commissioner. He may prefer a revision application before the Divisional Commissioner. In case revision is filed before the Divisional Commissioner within 30 days of this order, the delay in filing revision shall be condoned and it should be heard and disposed of in accordance with law considering the merit of the case. P. Kumar (Mridula Mishra, J.)