IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15604 of 2008 ASHOK BAITHA, SON OF SHRI BISUNDEO BAITHA, RESIDENT OF VILLAGE- GOPALPUR, P.S.- KATEYA, DISTRICT- GOPALGANJ. ----- PETITIONER Versus 1. THE STATE OF BIHAR. 2. THE COLLECTOR, GOPALGANJ. 3. THE CIRCLE OFFICER, PANCHDEORI CIRCLE, DISTRICT- GOPALGANJ. 4. THE CIRCLE OFFICER, KATEYA CIRCLE, DISTRICT- GOPALGANJ. 5. THE OFFICER-IN-CHARGE, KATEYA, P.S.- KATEYA, DISTRICT- GOPALGANJ. ----- RESPONDENTS ----------- 4 29.7.2009 This writ application has been filed praying therein that the Court should direct for implementing the order passed by the Collector, Gopalganj dated 12.3.2007. The facts are that the petitioner was granted Purcha for the disputed plot of land. Before the petitioner could be given delivery of possession in pursuance of the Purcha granted to him, one Rajendra Baitha filed an application before the Collector to cancel the Purcha granted in favour of the petitioner vide Miscellaneous Case No. 97 of 1984 which was dismissed on 16.10.1984. Rajendra Baitha moved this Hon’ble Court by filing CWJC No. 5034 of 1984 which was disposed of on 27.11.1992 dismissing the writ application but at the same time granting leave to Rajendra Baitha to move the appropriate forum. Accordingly Rajendra Baitha filed Title Suit No. 432 of 1992 which 2 was dismissed on 9.5.2003 and thereafter filed Title Appeal No. 36 of 2003 which was dismissed for default on 28.12.2005. After the title appeal was dismissed the writ petitioner moved the Collector to give him delivery of possession. The Collector by the impugned order directed that the petitioner should be put in possession and for this purpose directed the Anchal Adhikari to take the help of the Officer in Charge of the Kateya police station. In the mean time, the blocks were bifurcated and the disputed lands fell in Panchdeori Block. The petitioner moved the Anchal Adhikari, Panchdeori Block to put him in possession, however, till today no action has been taken by the Anchal Adhikari. It may be pointed out here that Rajendra Baitha has filed an application to restore the title appeal no. 36 of 2003 sometime in the year 2006 however, he has not taken any steps to pursue the restoration application as a result of which the matter is pending. The Collector after passing the order dated 12.3.2007 noticed this fact and observed that the possession of the petitioner would be 3 subject to final result of the order passed in the title appeal. This Court is not here to execute the orders of the Collector. The petitioner therefore, would be at liberty to move the Collector who should notice Rajendra Baitha and thereafter take appropriate steps in accordance with law. The petitioner may also appear in the Title Appeal to ensure early disposal of the case. This writ application is disposed of. Sanjay (Sheema Ali Khan, J.)