IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11653 of 1999 PURUSHOTTAM SINGH Versus THE STATE OF BIHAR & ORS. For the Petitioner : Mr. Indu Shekhar Pd. Sinha(Sr. Adv.), Ujjwal Kumar Sinha Advocate. For the Respondent No.5 : Mr. Angad Kunwar, Advocate. ----------- 8. 21.7.2008. Heard learned counsel for the petitioner and the counsel for the private respondents. 2. Petitioner is aggrieved by the order of the Additional Collector and Collector dated 18.12.1986 and 22.10.1999 as contained in Annexures-5 and 6 to this application, whereunder Jamabandi of the lands measuring seven Bighas and odd bearing Plot No. 97 appertaining to Khata No. 674 of Village Harail, P.S.-Mohiuddinagar within the District of Samastipur has been directed to be cancelled and the lands have been held to be public land in the light of the judgment of Munsif-II passed in Title Suit No. 9 of 1950 dated 16.8.1952 which was also affirmed in appeal Vide Judgment dated 4.12.1953 passed by Ist Additional Sub-Judge in Title Appeal No. 201/51 of 1952/53 as contained in Annexures-9 and 11 to this application. 3. It is submitted on behalf of the petitioner that such finding is wholly without jurisdiction as petitioner was not even party to the said Title Suit and Title Appeal nor the lands in question were the subject matter of the said Suit and the Appeal. It is further submitted that petitioner is in possession of the lands in question by virtue of registered deed of settlement executed by the ex-landlord dated 25.1.1944 as contained in Annexure-12 to this application on the - 2 - basis of which his name was also included in the return filed by the ex-landlord and right from the date of vesting of the Jamindari, the name of the petitioner has continued in Register-2 prepared by the State of Bihar and he is paying rent to the revenue authorities of the State. 3. From the impugned orders dated 18.12.1986 and 22.10.1999, Annexures-5 and 6, it appears that the Jamabandi of the lands in question created in favour of the petitioner, has been directed to be cancelled but his possession is not threatened , as such, I direct the petitioner to approach the competent civil court for establishing his valid right and title over the lands in question on the basis of registered deed and settlement dated 25.1.1944, Annexure-12 and with these observations and directions this writ application is disposed of. Rajesh/ (V.N.Sinha,J.)