IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3400 of 2008 Upendra Manjhi, son of Late Garaju Manghi, village Pasarama, PS and District Gopalganj – Petitioner. Vs. 1) The State of Bihar, 2) The Collector, Gopalganj. 3) The S.D.O. Gopalganj. 4) The Circle Thar, Circle-Gopalganj, Dist. Gopalganj. 5) The Dist. Board, Gopalganj through its Chairman. 6) The Assistant Engineer, Dist. Board, Gopalganj. 7) Shri Munna Giri, son of Shri Satyanarayan Giri, village Pasarma, PS and District Gopalganj – Respondents 7 17.11.2011 Heard learned counsel for the parties This writ petition has been filed on behalf of the petitioner that the respondent District Board or the State of Bihar should not evict him from the land in question. It appears that the petitioner has filed T.S. No. 302/2007. In my view it is the court which is in seisin of the title suit which can grant any relief to the petitioner. Counsel for the District Board submits that in fact the petitioner has already been evicted after following due procedure as laid down under the Land Encroachment Act which is apparent from Annexure-B. It is also submitted that the suit is not maintainable. It would be open for the District Board to raise this issue as a preliminary issue in the suit itself. In the facts aforesaid this court, therefore, cannot pass any positive order or come to any positive finding regarding the facts of this case. This writ petition is, thus, disposed of. haque ( Sheema Ali Khan, J .)