IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18250 of 2009 1. SURESH RAM S/O SRI DAROGA RAM R/O VILL- MAHARATHA, P.S. NUAON, DISTT. KAIMUR (BHABHUA) Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, KAIMUR, DISTT. KAIMUR (BHABUA) 3. THE ADDL. COLLECTOR, DISTT. KAIMUR (BHABUA) 4. THE SUB-DIVISIONAL OFFICER, MOHANIA DISTT. KAIMUR (BHABUA) 5. THE DEPUTY COLLECTOR LAND REFORMS MOHANIA DISTT. KAIMUR (BHABUA) 6. THE CIRCLE OFFICER, NUAON DISTT. KAIMUR (BHABUA) 7. LALJI SADHU S/O AKLOO KAIRI R/O VILL- MAHARTHA, P.S. NUAON, DISTT. KAIMUR ----------- 2. 04.01.2010. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order dated 21.11.2006, Annexure-4, whereunder settlement of the lands-in-question made in his favour vide case no. 5/1994-95 has been cancelled on the ground that the lands-in-question stood settled in favour of Sri Lalji Sadhu and without cancelling such settlement the lands-in-question could not have been settled in favour of the petitioner in Case No. 5/1994-95. 3. It is submitted on behalf of the petitioner that the lands- in-question was never settled with Sri Lalji Sadhu and without calling for the lands settlement record and only on the basis of the report of the Circle Officer which proceeded on non-existing fact, the impugned order has been passed. 4. Having heard counsel for the petitioner and the State, I direct the petitioner to appear before the Collector, Kaimur (Bhabua) who has passed the impugned order dated 21.11.2006, Annexure-4, whereafter the learned Collector shall call for the records of the settlement case by which the lands-in-question was settled with Sri Lalji Sadhu as also the records of Settlement Case No. 5/1994-95 and - 2 - verify for himself whether the lands-in-question was settled in favour of Sri Lalji Sadhu. In the event learned Collector is of the view that the lands-in-question was never settled with Sri Lalji Sadhu then he shall recall the impugned order dated 21.11.2006, Annexure-4 after notice to Sri Lalji Sadhu, but in the event he is satisfied that the lands- in-question has been settled in favour of Sri Lalji Sadhu then he shall maintain the impugned order. Appropriate orders in the light of this order be passed by the learned Collector as early as possible, in any case within a period of three months from the date of receipt/production of a copy of this order before him. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)