IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.100 of 2008 In (CIVIL WRIT JURISDICTION CASE 3746/2006) 01. Shakuntala Devi, daughter of late Kuber Nath Singh and wife of Sri Raj Narayan Singh, resident of village-Darauli, P.S.-Bhabua, District-Kaimur (Bhabua) at present resident of village-Bharuhia, P.S.-Chakia, District- Varanasi (U.P.) 02. Gulab Singh 03. Vijay Bahadur Singh 04. Baban Singh All son’s of Ram Tapeshwar Singh & Late Nema Devi, resident of village-Lasarhi, P.S.-Chand, District-Kaimur (Bhabua) 05. Gopaljee Singh, Son of late Patroo Lal Singh, resident of village- Darauli, P.S.-Bhabua, District-Kaimur (Bhabua) ….. Petitioners/Appellants Versus 01. The State Of Bihar 02. Member Board of Revenue, Bihar, Patna 03. Additional Collector, Kaimur (Bhabua) 04. Sub-Divisional Officer, Bhabua, District-Kaimur (Bhabua) ….. Respondents/Respondents ---------------------------------- 04. 28.09.2011 The present Appeal is filed against the order date 12.12.2007, passed in C.W.J.C. No. 3746 of 2006 wherein the learned Single Judge has dismissed the writ petition on the ground that the petitioner has not chosen to question the earlier order passed by this Court in C.W.J.C. No. 7399 of 1989 and he has not disputed the fact that certain lands have been devolved between the appellant and the second daughter namely Nema Devi. It is also contended before us that a calculation error has been crept in the order of the Additional Collector which was also affirmed by the Board of Revenue. It has also been contended before learned Single Judge and before us that the Additional Collector had 2 given a direction to give share of the lands to Nema Devi but in absence of any formal separation, according to the learned counsel, it was erroneous whether there is a notional partition and/or a formal partition. It is for the authorities to decide the aforesaid disputed facts on the basis of material available before them. In that view of the matter, we are of the opinion that the matter can be gone into for afresh consideration before the first authority i.e. the Additional Collector, Kaimur (Bhabua) in Ceiling Case No. 1580/36 of 1975-76 and Ceiling Case No. 18 of 1983. As there is lot of litigation between the parties, we are of the opinion that the matter can be remanded back to the Additional Collector, Kaimur (Bhabua) for reconsideration and disposal within a period of six months from the date of receipt/production of a copy of this order. The order of the learned Single Judge is accordingly modified to the extent indicated above and the L.P.A. stands disposed off with the above observation. P.K. (T. Meena Kumari, J.) (Vikash Jain, J.)