IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.996 of 2009 SYED IMTIAZ AHSAN @SYED IMTYAZ, S/O SYED REYAZ AHSAN, SECRETARY OF HAZRAT BANDE SHAH HAQQANI WAKF ESTATE, BEARING WAKF NO.780, RESIDENT OF MOHALLA SALIMPUR, P.S. & P.O. BARH, DISTRICT- PATNA. -APPELLANT Versus 1. THE STATE OF BIHAR, 2. THE COLLECTOR, PATNA, 3. THE ADDITIONAL COLLECTOR, PATNA, 4. THE LAND REFORMS DEPUTY COLLECTOR,BARH, DISTRICT-PATNA. 5. THE ANCHAL ADHIKARI, BARH, PATNA. 6. THE SUBDIVISIONAL OFFICER, BARH, PATNA. (RESPONDENTS NO.1 TO 6) .. RESPONDENT 1ST SET 7. GAYATRI DEVI, W/O LATE KAMTA PRASAD TIWARI, 8. SMT. KAILASH DEVI, W/O MURARI SHANKAR MISHRA, 9. SHANTI DEVI, W/O AWADH NARAYAN CHOUBE, 10. BHAWANI DEVI W/O LATE KAMTA PRASAD PATHAK, Nos.7 to 10 ARE RESIDENTS OF VILLAGE NAWADA, P.O. MOHAMMADPUR, P.S. BARH, DISTRICT-PATNA. (PETITIONERS 1 TO 4) .. RESPONDENTS 2ND SET ******* For the Appellant : M/s Abbas Haider & Syed Hussain Majeed. For the State : Mr. Nutan Kumar Sharma. 3 21.08.2009 I.A. no. 5151 of 2009 Heard Mr. Abbas Haider, for the appellant, and Mr. Nutan Kumar Sharma, for the respondents. This application is for seeking permission to file an appeal against the order dated 18th April, 2009 passed by 2 AAhmad/ the learned single Judge in CWJC no. 7096 of 2008. Such leave is sought for as the present petitioner was not respondent in such writ petition. Under the impugned order dated 18th April, 2009, the learned single Judge has merely remanded the matter for fresh consideration before the Collector, Patna, as the Collector dealt with the matter without giving opportunity of hearing to the writ petitioners. The writ petitioners may also file an application of being heard before the Collector, Patna, within three weeks from today in the matter relating to cancellation of jamabandi and the Collector should also give the writ petitioners an opportunity for hearing while deciding the matter pursuant to the direction dated 18th April, 2009. It is made clear that this order should not be construed that we have expressed any opinion on the rival contention of the parties. This disposes of the application as well as the Letters Patent Appeal. (P.K. Misra, CJ.) (Shiva Kirti Singh, J.) 3