IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12766 of 2010 MD.ALLAUDIN SAH Versus THE STATE OF BIHAR & ORS ----------- 4 13.12.2010 Heard learned counsel for the petitioner, State and respondent no.9. This matter arises out of a mutation proceeding. The petitioner is aggrieved by the communication/ report dated 2.2.2008 ( Annexure-1) submitted by the respondent Circle Officer to the Additional Collector in connection with the pending matter (Misc.Case No.259/07-08, 12/08- 09/06/09-10 (Annexure-2) as also the final order dated 7.11.2009 passed in the proceeding by the respondent Additional Collector, Aurangabad, disallowing the claim of the writ petitioner. The petitioner filed an application before the respondent Collector seeking a direction upon the respondent Circle Officer to give effect to the order dated 12.10.1980 passed in his favour with respect to the lands in question. The said matter was considered in the light of the report called for by the Circle Officer, Nabinagar, whereafter it was found that the documents of title on which reliance was placed by the 2 writ petitioner were forged and fabricated. No documents related thereto were available either in the office of the respondent Circle Officer or Deputy Collector Land Reforms. It has further been found that the lands in question were Gairmajarua land in possession of some other persons. Having found so respondent Additional Collector refused to grant any relief to the writ petitioner under the impugned order. From the concluding portion of order dated 7.11.2009 it appears that matter has been remitted back to the authorities concerned for taking needful action in the matter. Thus the matter has not finally concluded. The authorities are required to make appropriate enquiry in the matter. The claim of the petitioner in respect of the land in question shall be determined accordingly. This Court, therefore, is not persuaded to exercise its extra ordinary writ jurisdiction in the matter. This application is accordingly disposed of. Anilkr.sinha ( Kishore K.Mandal,J. )