JUDGMENT Sujit Narayan Prasad, J. - This writ petition is under Article 226 of the Constitution of India whereby and whereunder the notice dated 09.09.2017 is under challenge issued by the Sub-Divisional Officer, Chatra in misc. case being Misc. Case No.02/03-04 by which the petitioners have been directed to appear before the said authority on 12.09.2017 in order to defend and present their case with respect to showing the title over the land in question. 2. It is the case of the petitioners that the petitioners are having perfect title over the land in question which would be evident from an order passed by Deputy Collector, Land Reforms, Chatra dated 28.09.2007 by which the jamabandi has been directed to be created in their name and specific statement has been made in the writ petition that no appeal against the said order has been preferred by any of the party therefore, the same has attained its finality but without considering the aforesaid aspect of the matter a misc case has been initiated against the petitioners being Misc. Case No.02/03-04 in which the notice has been issued for appearance on 12.9.2017, therefore, the very initiation of the aforesaid proceeding is without application of mind and only to harass the petitioners for no reason whatsoever. 3. Mr. D.C. Mishra, learned AC to Sr. Standing Counsel-III has submitted that since the notice is under challenge, therefore, the jurisdiction conferred to this Court under Article 226 of the Constitution of India may not be exercised for the reason that the petitioners can avail the opportunity by approaching before the authority by bringing it to the notice with respect to the document substantiating their title but instead of doing so, the instant writ petition has been filed. 4. His further submission is that the notice is of the month of September 2017 but what is the status of the misc case as on date is not known either to the learned counsel for the petitioners or to him. 5. 4. His further submission is that the notice is of the month of September 2017 but what is the status of the misc case as on date is not known either to the learned counsel for the petitioners or to him. 5. Having heard the learned counsel for the parties and after appreciating their rival submissions, it is evident from the material available on record that the petitioners are claiming to be the title holder and to substantiate that aspect of the matter, order passed by the Deputy Collector, Land Reforms has been brought on record by way of Annexure-1 wherefrom it is evident that the jamabandi has been directed to be created in their name. 6. The specific case of the petitioners is that even though the order passed by the Deputy Collector, Land Refoms as contained under Annexure-1 has not been assailed by any of the party but a misc case has been initiated in which notice has been issued. 7. It is the admitted fact that the notice was issued on 09.09.2017 and since this case is being taken up today but the fact about the present status of the aforesaid case is not brought to the notice of this Court although it has orally been submitted by the learned counsel for the petitioners that as yet the said proceeding is pending and so the petitioners are ready to approach before the concerned authority in order to put forth their defence so that the matter be finally disposed by taking decision in this regard. 8. In view of such submission and looking to the jurisdiction of this Court as conferred under Article 226 of the Constitution of India since the notice has been questioned, therefore, it will not be appropriate for this Court to quash the notice rather the proper course would be to direct the petitioners to approach before the concerned authority i.e., the Sub-Divisional Magistrate, Chatra before whom the Misc. Case No.02/03-04 is pending as appears from Annexure-3. 9. In view thereof, petitioners are directed to appear before the Sub-Divisional Magistrate, Chatra within a period of three weeks from the date of receipt of copy of the order in order to put forth their defence for taking appropriate decision in accordance with law. 10. Case No.02/03-04 is pending as appears from Annexure-3. 9. In view thereof, petitioners are directed to appear before the Sub-Divisional Magistrate, Chatra within a period of three weeks from the date of receipt of copy of the order in order to put forth their defence for taking appropriate decision in accordance with law. 10. The Sub-Divisional Magistrate, Chatra will take final decision after hearing the affected parties, if any, including Rajkumar Sakseriya and particularly Siyapati Yadav s/o Ramdeo Yadav, respondent No.6 to this writ petition within a period of six weeks from the date of appearance of the parties. 11. So far as the question of acceptance of revenue rent receipt is concerned, that will depend upon the final decision to be taken by the authority as directed. 12. Accordingly, the writ petition is disposed of.