IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3286 of 2002 1. Resun Nisha, widow of Abdul Kadir 2. Md. Jalil Akhtar, son of late Abdul Kadir 3. Md. Khalil Akhtar, son of late Abdul Kadir. 4. Md. Shakil Akahtar, son of late Abdul Kadir. 5. Md. Shamim Akhtar, son of late Abdul Kadir. 6. Md. Manan Akhtar, son of late Abdul Kadir. All residents of village- Kerap, Tola- Hakimchak, Police Station- Rafiganj, District- Aurangabad. ..... Petitioners. Versus 1. The State of Bihar. 2. The Collector, Aurangabad. 3. The Additional Collector, Aurangabad. 4. The Land Reforms Deputy Collector, Aurangabad. 5. The Anchal Adhikari, Rafiganj, Police- State- Rafiganj, District- Aurangabad. 6. Md. Abdul Khair, Son of not known to the petitioner. 7. Bibi Ahmat, Wife of Md. Abdul Khair. Both resident of Village- Kerap, Police-Station- Rafiganj, District- Aurangabad. ...... Respondents. ----------- 04- 19.12.2008 Heard Mr. Arun Kumar Singh No.4 for the petitioners, and Mr. Binod Kumar, learned junior counsel to Standing Counsel No.5 for respondent nos.1 to 5. None appears on behalf of respondent nos.6 and 7 in spite of valid service of notice. 2. This writ petition is directed against the order dated 12.12.2001 (Annexure-1), 2 passed by the learned Additional Collector, Aurangabad, in Misc. Appeal Case No.109 of 1996-97(Abdul Khair and others Vs. Abdul Kadir), whereby he has set aside the order dated 2.8.1996 (Annexure-4), passed by the learned Land Reforms Deputy Collector, Aurangabad, in Demand Cancellation Case No.1 of 1993-94 (Abdul Kadir Vs. Abdul Khair). 3. We have perused the materials on record and considered the submissions of learned counsel for the parties. It relates to Plot nos.2782, 2758, 2755, 2754, 2781, 2759, 2789 and 2790, appertaining to Khata no.436, covering and area of 5.94 acres, situate in Village- Kerap, P.S. Rafiganj, District- Aurangabad. The petitioners claim to be the purchasers and, by order dated 18.12.1958 (Annexure-2), passed by the learned L.R.D.C., Aurangabad, in Case No.1373 of 1958-59, rent was fixed with respect to the said land in favour of the petitioner. Sometime thereafter, some area of the demand was reduced leading to the said Case No.1 of 1993-94, which was allowed by the order date 2.8.1996 (Annexure-4). Aggrieved by this order, respondent no.6 (Md. Abdul Khair), and respondent no.7 (Bibi Ahmat), 3 herein filed the said Misc. Appeal Case No.109 of 1996-97, whereby the said order dated 2.8.1996 (Annexure-4), has been set aside. It appears that the learned Additional Collector has passed the impugned order after taking into account the shares of different parties and also on the ground that the order dated 2.8.1996 was passed after a long delay of 33 years. 4. In the facts and circumstances of the case, I am not inclined to interfere with the impugned order. It goes without saying that the aggrieved parties will be free to institute a civil suit in a Civil Court of competent jurisdiction for adjudication of right, title and interest. 5. The writ petition is accordingly dismissed. (S.K. Katriar, J.) S.K.Pathak/