IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13614 of 2009 SMT. PUSHPA DEVI W/o Sri Mohan Lal Singh, resident of village- Sabodangi, P.S.-Sukhani (Thakurganj), District- Kishanganj.. . . . Petitioner. Versus 1. THE STATE OF BIHAR. 2. The District Magistrate, Kishanganj. 3. The Additional District Magistrate, Kishanganj. 4. The Deputy Collector Land Reforms, Kishanganj. 5. The Circle Officer, Thakurganj, District- Kishanganj. 6. Bhalo Devi, W/o Late Jaidev Ganesh, resident of village-Farabari, P.S. Thakurganj, District-Kishanganj. . . . . . Respondents. For the Petitioner: Mr. Kiwakar Sinha, Mr. Pankaj Kr. Sinha, Advocates. For the Respondents: Mrs. Kumari Amrita, Advocate, (SCI) ----------- 2/ 15.10.2009 Heard learned counsel for the petitioner and the State. In view of the nature of the order, that is being passed this court does not find it expedient to issue notice to respondent no.6 The petitioner submits that the land in question was mutated in his favour by order dated 06.07.1998 of khata no. 324, Khesara nos. 2598, 2599 and 2600 measuring an area of 0.38 decimals along with land of khata no. 246, Khesara no. 2592 area 0.14 decimals from Hello Devi, wife of late Mewa Lal Ganesh, resident of village- Farabari, P.S.-Thakurganj, District- Kishanganj through a sale deed no. 686 on 03.02.1990. Thereafter he applied for mutation and in Zamabandi No. 664 of 1998-99 the Circle Officer, Thakurganj by order dated 06.07.1998 ordered mutation in favour of petitioner. Thereafter respondent no.6 filed another case for mutations of the land in question vide Case no. 976 of 2002-03 before the Circle Officer, Thakurganj. It is further submitted that Circle Officer, Thakurganj without notice vide order dated 04.12.2002 passed mutation order in favour of respondent no. 6. The petitioner filed an appeal before the - 2 - Deputy Collector, Land Reforms, which was dismissed. Thereafter petitioner filed revision before the Additional Collector, Kishanganj instead of filing it before Collector, Kishanganj in view of Section 16 of the Bihar Tenant Holding (Maintenance of Records) Act, 1972. Realizing the mistake, the petitioner filed an application for withdrawal of the revision for filing it before the appropriate court on 22.02.2007. The petitioner submits that he has filed photo copy of certified of the aforesaid petition, which is contained as Annexure-7. After hearing the parties, it appears that learned Additional Collector, Kishanganj over looking Annexure-7 has dismissed the revision on merit. Counsel for the State is not able to controvert the legal proposition that Additional Collector would have no jurisdiction to entertain a revision application in view of Section 16 of the Bihar Tenant Holding (Maintenance of Records) Act, 1972. As such the matter is remitted back to Additional Collector for passing fresh order on the withdrawal application. As no order has been passed against respondent no.6 and this Court has not disturbed the mutation order passed in her favour either by the Circle Officer, Thakurgnj or by the Deputy Collector, Land Reforms in appeal filed by the petitioner, this court has not issued notice to respondent no.6, as the petitioner himself sought for the withdrawal of Revision no. 06 of 2003. The Additional Collector, Kishanganj would pass appropriate order in view of the withdrawal application filed by the petitioner, as contained in Annexure-7. The impugned order dismissing revision application on merit is kept in abeyance. - 3 - This application is, accordingly, disposed of. Uday/ (Samarendra Pratap Singh, J.)