IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6976 of 2010 1. NOOR JAHAN BEGAM W/O SAHIMUDDIN R/O VILL.- DUMARIA & FULGACHHI, P.S. DIGHALBANK & PAWAKHALI, DISTT.- KISHANGANJ Versus 1. THE STATE OF BIHAR 2. COLLECTOR, KISHANGANJ, DISTT.- KISHANGANJ 3. ADDITIONAL COLLECTOR, KISHANGANJ, DISTT.- KISHANGANJ 4. DEPUTY COLLECTOR LAND REFORMS, KISHANGANJ, DISTT.- KISHANGANJ 5. CIRCLE OFFICER, THAKURGANJ, DISTT.- KISHANGANJ ……. RESPONDENT 1ST SET 6. SONANDI S/O LATE SK. BABU MOHAMMAD R/O VILL.- DUMARIA, P.S.- POWAKHALI, DISTT.- KISHANGANJ 7. MASIRUDDIN S/O SK. KHUSH MOHAMMAD R/O VILL.- DUMARIA, P.S.- POWAKHALI, DISTT.- KISHANGANJ 8. MOINUDDIN S/O SOANDI, S/O SK. BABUL MOHAMMAD OF VILL.- DUMARIA, P.S. POWAKHALI, DISTT.- KISHANGANJ 9. ABUL HUSSAIN S/O SOANDI, S/O SK. BABUL MOHAMMAD OF VILL.- DUMARIA, P.S. POWAKHALI, DISTT.- KISHANGANJ 10. ILYAS S/O SOANDI, S/O SK. BABUL MOHAMMAD OF VILL.- DUMARIA, P.S. POWAKHALI, DISTT.- KISHANGANJ 11. USMAN GHANI S/O SOANDI, S/O SK. BABUL MOHAMMAD OF VILL.- DUMARIA, P.S. POWAKHALI, DISTT.- KISHANGANJ 12. TAMIZUDDIN S/O TAFEZUL OF VILL.- DUMARIA, P.S. POWAKHALI, DISTT.- KISHANGANJ …… RESPONDENT 2ND SET 13. SAHIMUDDIN S/O RAJIBUDDIN 14. BACHCHA S/O LATE BEHBOOD 15. NAZAMUDDIN S/O LATE MAHAMMADIN 16. LATIFUR RAHMAN S/O LATE BAHRUDDIN 17. ZAHID ALAM S/O MD. KHATIB 18. MOHIUDDIN S/O LATE BACHCHA, ALL ARE RESIDENTS OF VILLAGE DUMARIA & FULGACHHI, P.S. Dighalbank & POWAKHALI, DISTT. KISHANGANJ……….RESSPONDENTS 3RD SET ----------- 02/ 29.04.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner and Respondent 3rd set are purchasers from the recorded tenant. Petitioner has filed the writ application questioning the validity of the order dated 8.3.2010, Annexure-1, passed by the Additional Collector, Kishanganj in Mutation 2 Revision Case No. 23 of 2009-10, whereunder the Additional Collector, Kishanganj has upheld the order dated 5.1.2010, Annexure-2, passed by the D.C.L.R., Kishanganj in Mutation Appeal Case No. 07 of 2009-10 and the order dated 16.6.2009, passed by the Circle Officer, Thakurganj in Mutation Case No. 659 of 2009-10 granting mutation of the lands in question in favour of private Respondents 2nd set, ignoring the entries made in the name of the vendor of the petitioner in Register-II as also the registered sale deed executed in favour of the petitioner and the Respondents 3rd set on the basis of which they have already been mutated in the lands in question and are paying rent. 3. It is submitted on behalf of the petitioner that by virtue of impugned orders dated 8.3.2010, Annexure-1, 5.1.2010, Annexure-2 and 16.6.2009, Respondents 2nd set is threatening the petitioner with dispossession. It is further submitted that the order dated 8.3.2010, Annexure-1, passed by the Additional Collector, Kishanganj is in teeth of the provisions contained in Section 16 of the Bihar Tenants' Holdings (Maintenances of Records) Act, 1973 (hereinafter referred to as the Act), whereunder it is only the Collector of the District, who is authorized to deal with the revision filed against order passed by the D.C.L.R. disposing of the mutation appeal. 4. In view of the provisions contained in Section 16 of the Act, there is no difficulty in holding that the order dated 8.3.2010, Annexure-1, passed by the Additional Collector, 3 Kishanganj is wholly without jurisdiction, but for holding so, it is required that private Respondents 2nd set should be noticed and service of notice and hearing thereafter is likely to take some time. 5. In the circumstances, it is deemed expedient to permit the petitioner to file suit for declaration of his title over the lands in question and during the pendency of the suit, if her possession is threatened by Respondents 2nd set, she is at liberty to request the competent Civil Court to grant injunction in the light of the entries made in the Khatiyan as also the mutation made in favour of the vendor as also the petitioner, purchaser and Respondents 3rd Set. 6. With the liberty aforesaid, the writ application is disposed of. Arjun/ ( V.N. Sinha, J.)