IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.793 of 2008 ***** Raghunath Paswan son of Faguni Paswan, resident of village- Baikunthawa, Police Station-Nautan, Distt-West Champaran. ….. ….. Appellant/Petitioner Versus 1. The State of Bihar. 2. The Additional Collector, (Revenue), Bettiah, District-West Champaran. 3. The Deputy Collector, Land Reforms Bettiah, District-West Champaran. 4. Habib Jussain son of Mobarak Hussain, resident of village Bardahatola Soda, Police Station-Nautan, Distt-West Champaran. 5. Udasi Devi, wife of Late Indrasan Mishra, Resident of village Diniyal Parsa, Police Station Bagaha, District- West Champaran. …. …... Respondents/Respondents ----------- For the Appellant : Mr. Siya Ram Shahi, Advocate For the Respondents : Mr. Kameshwar Prasad Gupta, Standing Counsel-V Mr. Dhurendra Kumar, Junior Counsel to Standing Counsel-V ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------ Dated, the 16th October, 2008. The counsel for the appellant urged that no appeal lay from the order dated 1st July, 1996 passed by the Deputy Collector Land Reforms and in any case Additional Collector was not competent to hear the appeal under Section 48F of the Bihar Tenancy Act, 1885. - 2 - 2. The contention does not deserve to be considered on merits as counsel for the appellant fairly admitted that this objection was not raised before the appellate authority i.e. Additional Collector, Bettiah (West Champaran). In other words, the counsel for the appellant conceded that the aspect concerning non-maintainability of appeal was not raised before the appellate authority nor the competence of the Additional Collector in hearing the appeal was put in issue before him in the appeal. 3. In this view of the matter, we find no justification to interfere with the order of the Single Judge. 4. Letters patent appeal is dismissed. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-