IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.8226 OF 2010 1. SIYABATI DEVI, W/O SHIVJEE SINGH, R/O VILLAGE LODIPUR,P.O.& P.S- GARAUL,DISTRICT-VAISHALI. 2. PAWAN KUMAR, S/O LATE KANHAI SAH, R/O VILLAGE LODIPUR,P.O.& P.S- GARAUL,DISTRICT-VAISHALI. 3. SANTOSH KUMAR, S/O LATE KANHAI SAH, R/O VILLAGE LODIPUR,P.O.& P.S-GARAUL,DISTRICT-VAISHALI. 4. PRAMOD KUMAR, S/O LATE KANHAI SAH, R/O VILLAGE LODIPUR,P.O.& P.S-GARAUL,DISTRICT-VAISHALI. 5. RAJESH KUMAR, S/O LATE KANHAI SAH, R/O VILLAGE LODIPUR,P.O.& P.S-GARAUL,DISTRICT-VAISHALI. 6. MALTI DEVI, WIDOW OF KANHAI SAH, R/O VILLAGE LODIPUR,P.O.& P.S- GARAUL,DISTRICT-VAISHALI …………………………………………………………………………..PETITIONERS VERSUS 1. THE STATE OF BIHAR. 2. COLLECTOR OF VAISHALI, P.O. & P.S.- HAZIPUR. 3. L.R.D.C. OF MAHUA, P.O. + P.S.- MAHUA, DISTRICT-VAISHALI. 4. ANCHAL ADHIKARY GARAUL, P.O+P.S.-GARAUL, DISTRICT-VAISHALI. 5. ARUN KUMAR RAI, S/O LATE MUSAN RAI, R/O LODIPUR, P.O & P.S- GORAUL, DISTRICT-VAISHALI. 6. VEE BAHADUR RAI, S/O LATE SHIV RAI, R/O LODIPUR, P.O & P.S- GORAUL, DISTRICT-VAISHALI. 7. SUDISH RAI, S/O LATE SHIV RAI, R/O LODIPUR, P.O & P.S-GORAUL, DISTRICT-VAISHALI ……………………………………………………………………….RESPONDENTS WITH CWJC NO.8598 OF 2010 1. PAWAN KUMAR, S/O LATE KANHAI SAH, R/O VILLAGE LODIPUR, P.O. & P.S. GARAUL, DISTRICT- VAISHALI. 2. SANTOSH KUMAR, S/O LATE KANHAI SAH, R/O VILLAGE LODIPUR, P.O. & P.S. GARAUL, DISTRICT- VAISHALI. 3. PRAMOD KUMAR, S/O LATE KANHAI SAH, R/O VILLAGE LODIPUR, P.O. & P.S. GARAUL, DISTRICT- VAISHALI. 4. RAJESH KUMAR, S/O LATE KANHAI SAH, R/O VILLAGE LODIPUR, P.O. & P.S. GARAUL, DISTRICT- VAISHALI. 5. MALTI DEVI, WIDOW OF KANHAI SAH, R/O VILLAGE LODIPUR, P.O. & P.S. GARAUL, DISTRICT- VAISHALI ……………………………………………………………………PETITIONERS VERSUS 1. THE STATE OF BIHAR. 2. COLLECTOR OF VAISHALI AT HAZIPUR, P.O. & P.S.- HAZIPUR DISTRICT- VAISHALI. 3. L.R.D.C. OF MAHUA, P.O. + P.S.- MAHUA, DISTRICT- VAISHALI. 4. ANCHAL ADHIKARY, GARAUL, P.O.+ P.S.- GARAUL,DISTRICT-VAISHALI. 5. ARUN KUMAR RAI, S/O LATE MUSAN RAI, R/O VILLAGE LODIPUR, P.O. & P.S. GARAUL, DISTRICT- VAISHALI. 6. BIR BAHADUR RAI S/O LATE SHIV RAI, R/O VILLAGE LODIPUR, P.O. & P.S. GARAUL, DISTRICT- VAISHALI 2 7. SUDESH RAI, S/O LATE SHIV RAI, R/O VILLAGE LODIPUR, P.O. & P.S. GARAUL, DISTRICT- VAISHALI …………………………………………………………………………….RESPONDENTS ********* 2 21/06/2010 The petitioners are aggrieved by the order dated 15.06.2007 on the ground that the petitioner was not noticed by the Collector, Vaishali before passing the impugned order in Case No. R-23 of 2007-08. The Collector, Vaishali has passed the order remanding the matter back to the D.C.L.R., Mahua on the ground that it was urged on behalf of the Opposite Party that there is a judgment of partition passed by the competent authority i.e. the Civil Court. It would appear from the order of the D.C.L.R. dated 27.04.2007 that the Opposite Party while submitted 16 documents before the D.C.L.R. has not submitted the judgment of the Civil Court which would indicate that there is a degree of partition between the parties, although it is accepted by both the parties that there was a private partition and also a revised partition. Both parties had submitted documents to show that there was partition between the family members. The dispute arose as to which of the lands were allotted to the various members of the family which can be ascertained by the documents filed on behalf of both the parties. 3 Usually, this Court would have issued notices to the Opposite Party to answer whether the points raised in the writ application that the Collector has passed the order remanding the case back to the D.C.L.R. was passed without issuance of notices to the parties. However, to cut short the matter, this Court directs that the Collector, Vaishali may issue notice to the Opposite Party and after ascertaining from the records whether notices would have been issued to the Opposite Party and have been validly served, pass a fresh order with respect to this case. If it is found that the petitioners were noticed and they had not appeared for one reason or the other despite valid service of notice, then the Collector may pass appropriate orders. The petitioners are directed to co-operative and appear before the Collector, Vaishali with a copy of this order within a period of one month from today. The Collector is directed to pass appropriate orders within a period of four months thereafter. The order of the Collector, Vaishali dated 25.06.2007 is quashed. This application is allowed in the aforesaid terms. Anand ( Sheema Ali Khan, J.)