IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17965 of 2009 1. MD.HASNAIN S/O LATE MD. RAFI R/O MOH- SABZIBAGH, DARZITOLA, P.S- PIRBAHORE, DISTT- PATNA Versus 1. The State of Bihar, through the Chief Secretary, Govt. of Bihar, Patna 2. The Principal Secretary, Revenue Department, Government of Bihar, Patna. 3. The District Magistrate, Patna, District- Patna. 4. The Additional Collector, Patna, District- Patna. 5. The Circle Officer, Patna Sadar, District- Patna. 6. Nuzhat Ara, daughter of Md. Sadrul Haque. 7. Ismat Ara daughter of Md. Sadrul Haque. 8. Tasneem, daughter of Md. Sadrul Haque. 9. Rizwana, daughter of Md. Sadrul Haque. 10. Sarwat wife of Sajidul Haque. 11. Parween wife of Minjajul Haque. 12. Imamul Hoda, son of Nijmul Hoda. 13. Ahteshamul Hoda, son of Najmul Hoda. 14. Wasimul Hoda, son of Ashraful Hoda. All residents of Mohalla- Pathar, Kimaszid, P.S.- Sultanganj, District- Patna :-- Respondents. ----------- For the petitioner : Mr. Dinu Kumar, Advocate. Mr. Dinesh Kumar Sahay, Advocate. ====== 4. 05.01.2010. Learned counsel for the petitioner has filed supplementary affidavit, which is taken on record. 2. Heard learned counsel for the petitioner and the State. 3. Petitioner is the opposite party in Mutation Revision Case No. 07/2007-08. He is aggrieved by transfer of the said mutation revision before the Additional Collector, Patna. In this connection, reference is made to Section 17 of the Bihar Tenants Holdings (Maintenance of Records) Act, 1963 which inter alia empowers the Collector of the district to consider the revision application filed against the appellate order passed by the Deputy Collector Land Reforms in mutation matters. In the light of the said provision, aforesaid revision case was filed before the Collector, Patna who even heard the matter on few dates but later the matter - 2 - was heard by the Additional Collector on 24.8.2009 when he reserved judgment and thereafter under orders dated 3.9.2009 called for a report from the Circle Officer about the nature of the land. 4. It is submitted on behalf of the petitioner that in view of the provisions contained in Section 16 of the Act Additional Collector had no jurisdiction to either hear the matter or to call for the report. In the circumstances, the report dated 30.11.2009, Annexure-3 received pursuant to order dated 03.09.2009, Annexure- 2 should not be relied upon while considering the revision application. 5. Let the Collector, Patna consider the revision application filed against the order dated 28.02.2007 passed by the Deputy Collector Land Reforms, Patna City in Mutation Appeal No. 01/2006-07, Annexure-3 to this application and pass appropriate orders in accordance with law. It goes without saying that if Collector, Patna so desires, he may also call for another report from the Circle Officer or any other subordinate revenue officer. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)