IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2257 of 2001 DHANMANTI DEVI Versus THE STATE OF BIHAR & ORS ----------- 3. 29.08.2008. Heard learned counsel for the petitioner and the respondents. 2. Petitioner is the purchaser of 2 Kathas of land in Survey Plot Nos. 233 and 242 (Old), which has been carved out from Plot Nos. 886 and 1434 (New) in Ward No. 28 of Gaya town. He is aggrieved by the instructions of the Additional Collector, Gaya, contained in Letter No. 199 dated 12.12.2000, as contained in Annexure-13 as also by the order dated 13.01.2001 bearing Memo No. 89 dated 15.01.2001, Annexure-14, whereunder it has been said that the mutation proceedings taken with respect to the aforesaid two plots by the revenue authorities on the basis of the order passed by the Superintendent of Survey dated 20.08.1994, annexure-4 is not in accordance with law and should be annulled. 3. It is submitted on behalf of the petitioner that such instruction and order contained in Annexures- 13 and 14 is wholly without jurisdiction as till date neither the petitioner nor his vendor Munshi Beni Madhav Prasad has been heard nor the order dated 20.08.1994, Annexure-4 has been set aside by the competent authority. 4. Counsel for the State has not been able to seek - 2 - instruction and file counter affidavit although the matter has remained pending for over seven years, as such, averments made in the writ petition have to be accepted as correct. 5. In the facts and circumstances of the case, the instructions of the Additional Collector, Gaya, contained in Letter No. 199 dated 12.12.2000, as contained in Annexure- 13 as also the order dated 13.01.2001 bearing Memo No. 89 dated 15.01.2001, Annexure-14 are set aside with liberty to the authorities to proceed against the petitioner in accordance with law after giving due notice to her. 6. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)