IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.933 of 2001 SIKAL KUER & ANR Versus THE STATE OF BIHAR & ORS ----------- For the Petitioners: Mr. Ram Balak Mahto, Senior Advocate. For the State: Kumari Amrita, S.C.-I (Ceiling) For Respondent No.6: Mr. Surendra Kumar, Advocate. ------ 6. 14.08.2008. Heard learned counsel for the petitioners, State and the counsel for Private Respondent No.6. 2. Petitioners are aggrieved by the order dated 30.11.1999 passed by the Additional Collector, Nalanda in Mutation Revision No. 9 of 1997, as contained in Annexure-11 to this writ application, whereunder he maintained the appellate order dated 18.08.1997 passed by the Deputy Collector Land Reforms, Rajgir in Mutation Appeal No. 3 of 1995-96, thereby set aside the mutation order made in favour of the petitioners dated 10.07.1995 passed by the Circle Officer, Rajgir in Mutation Case No. 48 of 1994-95, Annexure-7. 3. It is submitted on behalf of the petitioners that the revisional order passed by the Additional Collector, Nalanda, Annexure-11 on transfer from the Collector under orders dated 21.1.1998 is wholly without jurisdiction as in terms of the provisions contained in Section 16 of the Bihar Tenants Holding (Maintenance of Records) Act, 1973 (hereinafter referred to as “the Act”) it is only the Collector of the District who has the jurisdiction to consider the mutation revision filed in terms of the provisions of the Act. 4. Counsel for Respondents, however, contests the - 2 - submission as according to him the revision was filed before the Collector but for early disposal of the same the revision application was transferred by the Collector himself to the Additional Collector, as such, this Court should not take any exception of the transfer made. 5. Having seen the provisions contained in Section 16 of the Act, I am of the view that in terms of the legislative enactment it is only the Collector of the District who has been bestowed with the jurisdiction to entertain the mutation revision, as such, order dated 30.11.1999 passed by Additional Collector, Nalanda in Mutation Revision No. 9 of 1997, Annexure-11 is without jurisdiction, which is, accordingly, set aside and the petitioners and Respondent No.6 are directed to appear before the Collector, Nalanda on 29th of September, 2008, whereafter the Collector, Nalanda shall fix a date for hearing of Mutation Revision No. 9 of 1997 and shall pass appropriate orders in accordance with law. It is made clear that this order only proceeds on the point of jurisdiction and this Court has not considered the merits of the matter. 6. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)