IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18077 of 2009 1. BHOLA YADAV S/O LATE TILAK YADAV R/O BAIGNA WARD NO. 24, P.S. KATIHAR, DISTT. KATIHAR 2. SMT. ASAMIA DEVI W/O BHALA YADAV R/O BAIGNA WARD NO. 24, P.S. KATIHAR, DISTT. KATIHAR Versus 1. THE STATE OF BIHAR THROUGH THE COMMISSIONER-CUM-SECRETARY LAND REVENUE & SURVEY 2. THE DISTRICT MAGISTRATE KATIHAR 3. THE CIRCLE OFFICER KATIHAR 4. THE CHIEF EXECUTIVE OFFICER NAGAR PARISHAD, KATIHAR ----------- 7. 25.01.2010. Heard learned counsel for the petitioners and the State. 2. Petitioners are aggrieved by the order dated 13.11.2007 passed by the Circle Officer, Katihar in Mutation Case No. 313/2007-08, Annexure-5, whereunder he has refused to mutate the lands in-question in favour of the petitioners on the basis of the sale-deeds executed by Janardan Prasad Singh, in whose name the lands in-question has been recorded in the revisional survey, and observed that the petitioners should approach the competent Civil Court. 3. It is submitted on behalf of the petitioners that having obtained the sale-deed from the recorded tenant the mutation should have been allowed in their favour without directing them to approach the competent Civil Court. 3. Aforesaid submission of the petitioners can be better appreciated if they assail the order dated 13.11.2007, Annexure-5 before the appellate court, namely, the Deputy Collector, Land Reforms, Katihar. 4. Accordingly, this writ application is disposed of with liberty to the petitioners to avail the remedy of appeal against the order dated 13.11.2007, Annexure-5 and if the appeal is filed within 30 days from today then the same be entertained after condoning the delay in filing the appeal and the matter be considered on merits in accordance with law. P.K.P. (V.N.Sinha,J.)