ORDER : R.M. Doshit, J. Feeling aggrieved by the order dated 4th July 2013 made by the learned Single Judge in CWJC No.16101 of 2006, the writ petitioner has preferred this Appeal under clause 10 of the Letters Patent. 2. Matter relates to the land bearing Khata No. 37, Plot No. 179 admeasuring 34 decimals, situated at Village Shitalpur, District Saran. The appellant claims that he is the raiyat on the said land. The respondent no.4 approached the Sub Divisional Officer, Sonepur, Saran in Case No. 3/05-06. According to the respondent no.4, he is the under-raiyat (sikmi) on the said land and he claims mutation of the land in his own name. The Sub Divisional Officer, under his order dated 10th August 2005, directed the Circle Officer, Dariyapur to make mutation in the name of the respondent no.4 and to recover the rent as per the rules. Accordingly, the Circle Officer, Dariyapur, has made the order on 18th October 2005. 3. Feeling aggrieved, the appellant filed the above CWJC No.16101 of 2006 under Article 226 of the Constitution to challenge the order dated 10th August 2005 made by the Sub Divisional Officer, Sonepur. The learned Single Judge has dismissed the writ petition. Therefore, this Appeal. 4. The impugned order dated 10th August 2005 deserves to be quashed on two grounds. First; the order has been made ex parte against the appellant. Although it is admitted that the appellant is the raiyat, he had not been issued notice nor was he given opportunity of hearing as envisaged by Rule 1A.(b) of the Bihar Tenancy (Amendment) Rules, 1992. Second; it is the Circle Officer who is empowered to entertain and decide the applications for mutation. The Sub Divisional Officer is the appellate authority. In the present case, the impugned order has been made by the Sub Divisional Officer, i.e. the appellate authority, which amounts to usurpation of power of the Circle Officer. 5. In above view of the matter, this Appeal is allowed. The order dated 4th July 2013 made by the learned Single Judge in CWJC No.16101 of 2006 is set aside. CWJC No.16101 of 2006 is allowed. The order dated 10th August 2005 made by the Sub Divisional Officer, Sonepur, Saran in Case No.3/05-06 and the order dated 18th October 2005 made by the Circle Officer are quashed and set aside. The order dated 4th July 2013 made by the learned Single Judge in CWJC No.16101 of 2006 is set aside. CWJC No.16101 of 2006 is allowed. The order dated 10th August 2005 made by the Sub Divisional Officer, Sonepur, Saran in Case No.3/05-06 and the order dated 18th October 2005 made by the Circle Officer are quashed and set aside. The Case No. 3/05-06 filed by the respondent no.4 before the Sub Divisional Officer, Sonepur, Saran is dismissed as not maintainable.