proceeding was dropped. This order has been passed by the Collector on 19.7.1996/12.8.1996 (Annexure 2). Thereafter Land Ceiling Appeal No. 135 of 1996-97 was filed under Section 30 of the Act before the respondent Commissioner by respondent no. 4. The memo of appeal has been brought on record as Annexure 3 from which it transpires that the appellant had filed the said appeal under Order 1 Rule 8 CPC and had claimed to have represented a section of the public residing in Village Indrawara, P.S. Tajpur and Village Jitwarpur, P.S. Tajpur, District Samastipur. From perusal of the averments made in the said memo of appeal, it is evident that the order passed by the Collector (Annexure 2) was assailed on merits raising the issues which were not clerical or arithmetical mistake as envisaged under Section 47 of the Act. There is also no averment to show that the appellant of the said appeal (respondent no. 4 in the present writ application) had ever approached the Collector for correction of any clerical or arithmetical mistake in the order as provided in Section 47 of the Act. However, by the impugned order dated 4.2.1997 the respondent Commissioner has found it desirable to remand back the matter to the Collector for arriving at proper conclusion after considering the contentions raised in the petition. It has also been stated in the order by the Commissioner that the appellant (referred to as petitioner in the impugned order) had raised his objection before the Collector under Section 47 of the Act, which was rejected.
