IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.365 of 2009 1. KRIPENDRA KISHORE 2. SHAILENDRA KISHORE 3. RAMENDRA KISHORE, ALL SONS OF LATE BABU RAM PRASAD, RESIDENT OF VILLAGE BELWATOLA MAINATAND, POLICE STATION MAINATAND, DISTRICT WEST CHAMPARAN AT BETTIAH Versus 1. THE STATE OF BIHAR 2. COLLECTOR, WEST CHAMPARAN BETTIAH DISTRICT BETTIAH. 3. ADDITIONAL COLLECTOR(REVENUE) WEST CHAMPARAN AT BETTIAH 4. DEPUTY COLLECTOR, LAND REVENUE(D.C.L.R.), NARKATIAGANJ, DISTRICT WEST CHAMPARAN. 5. ANCHAL ADHIKARI, MAINA TAND ANCHAL, POLICE STATION MAINA TAND, DISTRICT WEST CHAMPARAN 6. YASHODA DEVI, WIFE OF LATE SATYA NARAIN MAHTO, RESIDENT OF VILLAGE BAIRIA, POLICE STATIN POKHARIA, DISTRICT PARSA(NEPAL) 7. ARBIND PRASAD SINHA, 8. BINOD PRASAD, BOTH SONS OF LATE RAJARAM PRASAD. 9. ASHOK PRASAD, SON OF LATE DEVENDRA PRASAD, ALL RESIDENT OF VILLAGE MAINATAND, BELWA TOLA, POLICE STATION MAINATAND, DISTRICT WEST CHAMPARAN(BETTIAH) ----------- 05. 23.06.2010. Heard learned counsel for the petitioners and the State. 2. For the reasons indicated in the restoration application, C.W.J.C. No.8290 of 2001 is restored to its original file and number and considering the fact that the said writ case was filed on 4.7.2001 about nine years earlier is taken up for consideration and final disposal. 3. From perusal of impugned order dated 30.1.2001 passed in Revision Case No.246 of 2000, Annexure-1 it appears that order dated 4.12.1999 passed in Mutation Appeal No.05 of 1998-99 has been set aside by the Additional Collector, West Champaran, Bettiah but in terms of the provision of Section-16 of the Bihar Tenants Holdings(Maintenance of Records) Act the Additional Collector does not have the jurisdiction to consider the revision case filed against the - 2 - appellate order passed by the Deputy Collector Land Reforms in mutation appeal as such jurisdiction is vested with the Collector of the district. 4. It is submitted on behalf of the petitioners that for setting aside the order dated 30.1.2001 on the ground that the same has been passed by the Addl. Collector who does not have the jurisdiction in the matter notice is required to be issued to private respondents, which is likely to take sometime but as the matter has remained pending on account of the matter being dismissed for default for about nine years, it is desirable to dispose of this writ application observing that petitioners are at liberty to file civil suit in the civil court of competent jurisdiction praying inter alia for declaration of thier title over the lands in question and the findings recorded by the Additional Collector under order dated 30.1.2001, Annexure-1 shall be subject to the result of the title suit which the petitioners shall file for declaration of their title over the lands in question. 5. With the observation aforesaid, the writ application is disposed of. Rajesh/ (V.N.Sinha,J.)