IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.615 of 2010 DUDHNATH RAM son of Late Jageshar Ram, R/o village Ramgarh, P.S. Ramgarh, Dist. Kaimur Versus 1. THE STATE OF BIHAR 2. The District Magistrate/ Collector, Kaimur 3. Additional Collector, Kaimur 4. S.D.O. Mohania, Dist. Kaimur 5. Deputy Collector, Land Reforms, Mohania, Dist. Kaimur 6. Anchal Adhikari, Ramgarh, Dist. Kaimur 7. Mukhia, Gram Panchayat, Ram Garh, P.S. Ram Garh, Dist. Kaimur ----------- 02/ 12.01.2010 Heard learned counsel for the petitioner and the State. 2. Petitioner is a member of the Scheduled Caste community. He has raised his house over Gairmazarua Aam land in the Ramgarh block of the State and having raised such house, he applied for settlement of the said lands with himself, vide Settlement case No. 10 of 1998-99 before the Collector, Kaimur, who under order dated 13.2.2009 directed the Circle Officer to pass appropriate orders in accordance with law and the said order was communicated to him under Memo No. 119 dated 3.3.2009. The Circle Officer thereafter initiated Misc. Case No. 08 of 2007-08, which has been disposed of under orders dated 3.4.2009 observing that such settlement cannot be allowed as the petitioner is the resident of Mohania block and has raised his house over Gairmazarua Aam land in Ramgarh block. 3. Learned counsel for the petitioner assails the aforesaid order, with reference to the circular of the State Government, bearing No. 2067/63-12112 L.R. dated 9/10th 2 December, 1963. 4. Having heard counsel for the petitioner and the State, I direct the petitioner to challenge the aforesaid order 3.4.2009, passed by the Circle Officer, Ramgarh before the Collector of the district by filing appeal against the said order and if the Collector is satisfied that the petitioner is a member of the Scheduled Caste community and does not possess any other homestead land in Ramgarh block or Mohania block or any other block, he should ensure that he is not evicted from the land/ house in question. 5. The delay in filing the appeal, if any, be condoned by the Collector, provided the appeal is filed within 30 days from the date of receipt of the certified copy of this order. Counsel for the petitioner undertakes to file requisition for obtaining the certified copy of this order by tomorrow. 6. This writ application is, accordingly, disposed of. Arjun/ ( V.N. Sinha, J.)