IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1591 of 1993 Krishna Prasad, son of Saryug Mahto, resident of village Dariyapur, P.S. Warsaliganj, District – Nawadah. --------------- Petitioner Versus 1. The State of Bihar 2. The Collector of District Nawadah. 3. The Additional Collectot, District, Nawadah. 4. The Sub-Divisional Officer, Nawadah. 5. The Deputy Collector, Land Reforms, Nawadah 6. The Circle Officer, Warsaliganj, District – Nawadah ----------------- Respondents. ----------- For the State : Mr. Bishwambhar Maharaj, J.C. to G.P. 13 ---------- 3 02.12.2008 There is no representation on behalf of the petitioner. Learned counsel for the State Mr. Bishwambhar Maharaj is present in this case. The writ application was filed challenging the order dated 09.09.1992, passed by the Additional Collector, Nawadah, which is an order passed in appeal, without their being any appeal having been preferred against the initial order by either of the parties. The writ application was admitted on 31.03.1993, and question of law formulated was whether an appeal suo motu can be entertained by the Additional Collector and whether the Additional Collector was empowered to entertain an appeal at all. Learned counsel appearing for the State is not - 2 - in a position to seriously support the order in question especially in view of the scheme of the Act. In absence of any statutory provision having been demonstrated, the court is of the opinion that it is a fit case where the impugned order dated 09.09.1992 passed by the Additional Collector, Nawadah be quashed. The writ application is allowed and the impugned order contained in Annexure – 7 stands quashed. Rajeev/ (Ajay Kumar Tripathi, J.)