IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15216 of 2007 AMBRISH RAM Son of Harbansh Ram resident of village Dwarh P.S. Thori Subhadra Dist. West Champaran Petitioner Versus 1. THE STATE OF BIHAR 2. Collector cum Dist Magistrate, West Champaran 3. Circle Officer , Sib Division Narkatiaganj, Gaunaha circle Dist West Champaran 4. Awadh Kishore Prasad Son of Late Jadunath Prasad resident of village Gulhulla Anchal Narkatiaganj P.S. Shikarpur Dist. West Champaran Respondents ----------- 2 04.03.2009 Heard Mr Umesh Chandra Verma, learned counsel for the petitioner, and learned Assistant counsel to learned Standing Counsel no.23 for the respondents no. 1 to 3. We do not feel that necessity of issuing notice to respondent no.4 in view of the nature of the order we propose to pass. We have perused the materials on record and considered the submissions of the learned counsel for the parties. The petitioner had filed application before respondent no. 3 for declaration of Basgit Parcha with respect to the lands in question. The same was allowed by order dated 29.11.2000 (Annexure 3), passed by respondent no.3, in Case no. 87/2000. Basgit Parcha was issued to the petitioner herein. Aggrieved by this order, respondent no. 4 preferred appeal which has been allowed by order dated 8.7.2005 (Annexure 5), passed by respondent no. 2, in Case no. 129/2002-03 (Awadh Kishore vs. Ambrish Ram), and impugned herein. The learned appellate authority has set aside the order of the learned first authority on the ground that individual notice has not been issued to respondent no. 4, and only - 2 - general notice was issued. In that view of the matter, the order of the learned first authority has been set aside and the matter has gone back to for a fresh decision in accordance with law. The basis for the impugned order can not be faulted. The writ petition is dismissed. (S. K. Katriar, J) shahid