IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8966 of 2006 1. RAJESH KUMAR 2. DINESH KUMAR, BOTH MINOR, BOTH SON OF SRI BAL GOVIND PRASAD UNDER GUARDIAN BAL GOVIND PRASAD SON OF LATE MOTI LAL BY CASTE GOLDSMITH, RESIDENT OF MOHALLA KATH GACHHI DEWANAPUR, P.S. CIVIL LINE GAYA, DISTRICT GAYA. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, GAYA. 3. THE SURVEY SUPERINTENDENT GAYA, NAWADA, AURANGABAD AND JEHANABAD. 4. THE ASSISTANT SURVEY SUPERINTENDENT, GAYA. 5. SUB DIVISIONAL OFFICER, GAYA. 6. THE CIRCLE OFFICER, GAYA. 7. THE CIRCLE INSPECTOR, GAYA. 8. HALKA KARMCHARI GAYA. 9. A.D. RAMCHANDRA PRASAD SON OF NANHU SAO, RESIDENT OF MOHALLA SALEMPUR, P.S. MUFASSIL, DISTRICT GAYA. ----------- 03. 19.05.2011 Heard learned counsel for the petitioners and the State. 2. Petitioners are aggrieved by the order dated 28.12.2001, Annexure-5 passed by the Assistant Survey Settlement Officer, Gaya, which has also been affirmed in appeal by the Survey Superintendent, Gaya under order dated 24.11.2005, Annexure-6. 3. It is submitted on behalf of the petitioners that ignoring the sale deed executed in favour of petitioners by respondent no.9 whose father was the purchaser from the recorded tenant Sanichari Devi, the survey authorities have recorded the lands in question 2 in the name of the State of Bihar and the name of respondent no.9 has been recorded in the remarks column of the record of rights. 4. Let petitioner file title suit before the civil court of competent jurisdiction for correction of record of rights. During the hearing of the title suit the court below should take notice of the fact that petitioner had challenged the orders passed by the survey authorities in this Court by filing the present writ petition on 26.7.2006, which remained pending and was taken up for admission today when this order has been passed. 5. With the observation aforesaid, the writ application is disposed of. Rajesh/ ( V. N. Sinha, J.)