IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8072 of 2006 1. JAI PRAKASH TIWARI, SON OF LATE PARSURAM TIWARI. 2. BHRIGUNATH TIWARI, SON OF LATE AMBIKA TIWARI. 3. BALI RAM TIWARI, SON OF LATE AMBIKA TIWARI. ALL RESIDENT OF VILLAGE- CHAMUA, POLICE STATION- SHIKARPUR, POST OFFICE- SAIDPUR, DISTRICT- WEST CHAMPARAN :---PETITIONERS. Versus 1. THE STATE OF BIHAR THROUGH THE COLLECTOR, BETTIAH POLICE STATION- POST OFFICE- BETTIAH, DISTRICT- WEST CHAMPARAN. 2. THE SUB-DIVISIONAL OFFICER, NARKATIYAGANJ, POLICE STATION- SHIKARPUR, DISTRICT- WEST CHAMPARAN. 3. ANCHAL ADHIKARI, NARKATIYA GANJ, POLICE STATION- SHIKARPUR, DISTRICT- WEST CHAMPARAN. 4. MOSTT. DULARI DEVI, WIFE OF LATE BADRI THAKUR. 5. SUDAMA SHARMA, SON OF LATE BADRI THAKUR. BOTH RESIDENT OF VILLAGE- CHAMUA, POLICE STATION- SHIKARPUR, POST OFFICE- SAIDPUR, DISTRICT- WEST CHAMPARAN :---RESPONDENTS. ----------- 2. 02.05.2011. Heard learned counsel for the petitioners and the State. 2. Petitioners are the sons of Late Parsuram Tiwari/Ambika Tiwari. Parsuram Tiwari was settled 26 decimals of land and the aforesaid settlement as also the settlement of other settlees was made in connection with Case No. 3/70- 70/424LR./71-72 vide order dated 20.09.1970, Annexure-1 to this petition. Aforesaid settlement along with the settlement of other settlees is also 2 appearing from the report of the Karmchari and Amin of Village- Chamua, P.S.- Shikarpur at page-22 of this brief. This writ petition has been filed praying, inter alia, to quash the order contained in Letter No. 27/R dated 17.02.2006 passed in connection with Case No. 11/94-95 by the Sub-Divisional Officer, Narkatiyaganj Annexure-9), whereunder having appreciated the aforesaid settlement the Sub-Divisional Officer directed that Most. Dulari Devi, wife of Late Badri Thakur, settlee of 0.08 decimals of land in Case No. 03/70-70/424LR./71-72 be given possession of the land settled with her late husband. It is submitted on behalf of the petitioners that for obtaining possession in the light of the settlement made in favour of Badri Thakur his wife, Respondent No. 4 and son, Respondent No. 5 have filed Title Suit No. 90/02 and without giving such information to the Collector, West Champaran petition, Annexure-7 was filed on 07.02.2006 on the basis of which the impugned order dated 17.02.2006 has been passed. 3. Impugned order dated 17.02.2006, Annexure-9 has been passed taking into account the settlement made in favour of the husband of 3 Respondent No. 4 and father of Respondent No. 5, as such, I am not inclined to interfere with the direction contained in order dated 17.02.2006, Annexure-9. This writ petition, however, is disposed of observing that possession delivered to Respondent nos. 4 and 5 in the light of order dated 17.02.2006, Annexure-9 shall be subject to the final result of Title Suit No. 90/02, pending in the court of Munsif, Bettiah, West Champaran. P.K.P. (V.N.Sinha,J.)