IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.361 of 2010 MANNA SAO Versus THE STATE OF BIHAR & ORS ----------- For the appellant: Mr. Dharmendra Kumar Sinha, Advocate --- 2 4/3/2010 IA. No.1897 of 2010 This is an application for grant of leave by the present appellant son of Ram Briksh Sao, who had preferred CWJC. No.2774 of 2002, on the ground that his father is not traceable in presenti. It is submitted by learned counsel for the appellant that the learned Single Judge has erroneously directed the appellate authority for opening of ‘Khata’ in favour of respondent no.4, which would affect his right to possess the land. Be it noted, the learned Single Judge has taken note of the fact in its entirety and held that such a direction would be subject to the decision of this court in First Appeal. The learned counsel for the appellant seeking leave has invited our attention to the orders passed in First Appeal no.361 of 1981 and First Appeal no.526 of 1988. 2 On a perusal of the aforesaid orders, it is luminescent that the possession of the appellant is protected. Thus, the apprehension is misconceived. The rectification of ‘Khata’ as has been held by the learned Single Judge would be governed by the decision in the First Appeal. We are of the considered opinion that there is no necessity to grant leave to prefer the present appeal and accordingly the application stands disposed of. It is needless to state that once leave is not granted the appeal also stands disposed of. In the result, the appeal, with the aforesaid clarification, stands disposed of. Neyaz/ (Dipak Misra, CJ.) (Ramesh Kumar Datta, J.)