IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6448 of 2010 1. RAM NIRANJAN PRASAD SINGH S/O LATE SITARAM SINGH R/O MOHALLA- DAUDPUR KOTHI, P.O.- M.I.T., P.S.- BRAHMPURA, DISTT.- MUZAFFARPUR 2. KRISHNADEO SINGH S/O LATE SITARAM SINGH R/O MOHALLA- DAUDPUR KOTHI, P.O.- M.I.T., P.S.- BRAHMPURA, DISTT.- MUZAFFARPUR 3. RANVIJAY SINGH S/O LATE SITARAM SINGH R/O MOHALLA- DAUDPUR KOTHI, P.O.- M.I.T., P.S.- BRAHMPURA, DISTT.- MUZAFFARPUR Versus 1. THE COLLECTOR, MUZAFFARPUR 2. ADDITIONAL COLLECTOR, MUZAFFARPUR 3. DEPUTY COLLECTOR, LAND REFORMS (EAST), MUZAFFARPUR 4. ANCHAL ADHIKARI MUSAHRI ANCHAL, DISTT.- MUZAFFARPUR 5. SATYANARAIN OJHA S/O LATE JANG BAHADUR OJHA R/O VILL.- KIRATPUR GURDAS ALIAS KHABRA, P.O. KHABRA, P.S. MUZAFFARPUR SADAR, DISTT.- MUZAFFARPUR ----------- 02/ 15.04.2010 Heard learned counsel for the petitioners and the State. 2. Petitioners are the sons of Banarasi Devi, who purchased the lands in question from the recorded tenant, Mostt. Parwati Kuer vide sale deed dated 16.10.1974, copy whereof is contained in Annexure-2 to this application. Having purchased the lands in question, mother of the petitioners was put in possession and in recognition of her right, title and interest over the lands, mutation was also made and rent receipt issued. Later, steps were taken to acquire the same by the State of Bihar in which objection was filed by Mostt. Banarasi Devi, mother of the petitioners, which was allowed under orders dated 6.4.1985, Annexure-3 and the lands were exempted from acquisition in favour of Banarasi Devi, mother of petitioners. After the release 2 of the lands from the acquisition proceeding, mother of the petitioners died and thereafter lands were mutated in the name of the petitioners. Ignoring all the aforesaid facts, mutation made in favour of the petitioners was stayed by the Circle Officer, against which petitioners approached the D.C.L.R., who set aside the stay order and remanded back the matter to the Circle Officer for hearing the petitioners as also private Respondent no.5, who claims himself to be the nephew of the vendor of the mother of the petitioners, Mostt. Parwati Kuer and pass appropriate orders in regard to the possession of the lands in question. The order passed by the D.C.L.R. was challenged by Respondent no. 5 before the Additional Collector, Muzaffarpur, who under orders dated 26.11.2009, Annexure-5 without setting aside the order passed by the D.C.L.R. remanding the matter to the Circle Officer, has continued the stay of mutation made in favour of the petitioners. 3. It is submitted on behalf of the petitioners that order dated 26.11.2009, Annexure-5 is wholly without jurisdiction in view of the provisions contained in Section 16 of the Bihar Tenants' Holdings (Maintenance of Records) Act, 1973 (hereinafter referred to as the Act), as under Section 16 of the Act, it is only the Collector of the district, who has the jurisdiction to look into the validity of the order passed by the D.C.L.R. in mutation appeal. 4. In appreciation of the aforesaid legal position, 3 there is no difficulty in setting aside order dated 26.11.2009, Annexure-5, passed by the Additional Collector, Muzaffarpur, but before doing so, it is necessary to issue notice to private Respondent no.5, which is likely to take some time. In order to save time, it is deemed expedient to permit the petitioners to seek declaration of his right, title and interest over the lands in question by filing declaratory suit before the competent court of civil jurisdiction and the findings recorded by the Additional Collector, Muzaffarpur under orders dated 26.11.2009, Annexure-5 shall be subject to the result of the aforesaid title suit. 5. In the event private Respondent no.5 attempts to dispossess the petitioners from the lands in question, it shall be open for the petitioners to approach the competent civil court for grant of interim injunction, as they are already in possession of the lands in question by virtue of the sale deed dated 16.10.1974, Annexure-2 to this application. 6. With the aforesaid observation, the writ application is disposed of. Arjun/ ( V.N. Sinha, J.)