IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4007 of 2002 RAMJEE SARDAR, SON OF LATE DAHUR BATAR ALIAS DAHU SARDAR, RESIDENT OF VILLAGE MAJRAKH, POLICE STATION SIKTY, DISTRICT ARARIA. -----PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE SUB-DIVISIONAL OFFICER, ARARIA, DISTRICT ARARIA. 3. THE ANCHAL ADHIKARI, SIKTY, DISTRICT ARARIA. 4. GANGA PRASAD RAI, SON OF LATE NATHUNEE RAI. 5. OM PRAKASH RAI SON OF LATE TARNI PRASAD RAI. 6. BILASI DEVI W/O LATE SHIV NANDAN RAI. 7. BIKASH RAI, SON OF LATE SHIV NANDAN RAI RESPONDENT NO.4 TO 7 RESIDENT OF VILLAGE DAHIPORA UFRAIT, P.S. SIKTY, DISTRICT ARARIA. -----RESPONDENTS ----------- 3. 20.1.2009 The petitioner in this writ application challenges the order passed in Appeal no. 75 of 2001-2002 by the Sub-Divisional Officer, Araria (respondent no.2), as contained in Annexure 2 to the writ application, whereby he has set aside the order dated 7.11.2000 passed by the Anchal Adhikari (respondent no.3) in Case No.10/2000-2001. It is submitted on behalf of the petitioner that respondents no.2 while setting aside the order passed by the respondent no.3 did not give further direction to pass a fresh order considering the materials on the record after giving notice to both the parties after following the due procedure laid down. In the above circumstances, the learned counsel appearing on behalf of respondent no. 4 to 7 submits that they will have no objection if the matter is heard afresh in accordance with law after giving notice to them also and after following the due procedure laid down in this regard. 2 Upon hearing the submissions of the parties and on perusal of the order impugned, as contained in Annexure 2, it is directed that the Anchal Adhikari (respondent no.3) shall pass a fresh order in accordance with law after giving notice to both the parties and upon considering the documents brought on the record. However, he will give further liberty to both the parties to file additional documents, if they make such request. The parties shall also be at liberty to pray for interim relief, which shall be considered as per law. The order contained in Annexure 2 is modified to the above extent. The writ application is disposed of with the above observations/directions. PNM (Shailesh Kumar Sinha, J.)