IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.206 of 2001 SMT.DROPADI DEVI AGRAWAL & ORS Versus THE STATE OF BIHAR & ORS ----------- 6. 14.8.2008. Heard learned counsel for the petitioners, State and the counsel for the private Respondent No.4. 2. This writ application is directed against the order dated 29.7.2000 passed by the Sub-Divisional Officer, Araria in Case No. 155 of 1997-98, Annexure-5, whereunder the said case has been dismissed upholding the order dated 20.3.1997 passed in Case No. 106 of 1996-97, Annexure-3 and thereby private Respondent No.4 has been allowed the status of a raiyat over the lands in question in terms of the provisions contained in Section 48 D of the Bihar Tenancy Act. 3. It is submitted on behalf of the petitioners that they are the purchasers of the lands in question from the transferee of the recorded tenant who transferred the lands in question in favour of Surendra Nath Nandi. Later the original writ petitioner Ramautar Agrawal @ Ramawtar Sultania purchased the lands in question from Surendra Nath Nandi on the basis of which he was also mutated in the revenue records but without even giving notice to him, order dated 20.3.1997 was passed granting the status of raiyat to private Respondent No. 4. Against the order dated 20.3.1997, Annexure-3 appeal was filed but the same was also dismissed. Against the two orders dated 20.3.1997 and 29.7.2000, Annexures- 3 and 5, this writ application has been filed. 4. Counsel for the private Respondent No. 4 accepts the position that in case No. 106 of 1996-97 petitioner herein was not 2 impleaded as a party. In view of the fact that order dated 20.3.1997 was passed in case No. 106 of 1996-97 even without impleading the original writ petitioner who was already mutated in respect of the lands in question the two orders dated 20.3.1997 and 29.7.2000 are required to be quashed, which is, accordingly quashed with direction to the petitioner and the private Respondent No. 4 to appear before the Circle Officer, Araria, Respondent No.3 on 22.9.2008 whereafter the Circle Officer shall again proceed with the hearing of Case No. 106 of 1996-97 initiated for grant of occupancy status over the lands in question and pass appropriate final orders in accordance with law as early as possible, in any case within a period of three months from the date of their appearance. Any observations made in this order should not prejudice the case of the parties which should be adjudicated in accordance with law as per the merits of their claim. 5. This writ application is, accordingly disposed of. Rajesh/- ( V.N.Sinha,J.)