IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3577 of 2010 1. HARISHANKAR DUBEY, SON OF SRI NATHUNI DUBEY, RESIDENT OF VILLAGE GANESHPUR, P.O. MAMREJPUR, P.S. CHENARI, DISTRICT ROHTAS. 2. SARWAR ALI KHAN, SON OF LATE JAMALUDDIN KHAN, RESIDNET OF VILAGE PEVANDI, P.O. + P.S. CHENARI DISTRICT ROHTAS. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, ROHTAS. 3. THE ADDITIONAL COLLECTOR, ROHTAS AT SASARAM. 4. THE DEPUTY COLLECTOR OF LAND REFORMS, SASARAM. 5. THE CIRCLE OFFICER, CHENARI, ROHTAS. 6. THE REVENUE KARAMCHARI, BANAULI PANCHAYAT, ANCHAL CHENARI, ROHTAS. 7. SMT. CHANDRAKALA DEVI, WIFE OF SRI SUDARSHAN SINGH, RESIDENT OF VILLAGE BANAULI, P.O.+ P.S. CHENARI, DISTRICT ROHTAS. 8. RAMKAWAL SINGH, SON OF LATE RAMASHIS SINGH. 9. MUSMAT GULABI KUNWER, WIFE OF LATE RAMASHIS SINGH. 10. MUSMAT TILA KUNWER, WIFE OF LATE BHAGWAN SINGH, ALL THREE ABOVE RESIDENT OF VILLAGE BARAWN, P.O. AMAWN, P.S. KARAMCHAT, DISTRICT KAIMUR(BHABHUA) ----------- 02. 26.02.2010 Heard learned counsel for the petitioners and the State. 2. Petitioners are the purchaser of the lands in question from Brahmdeo Singh and his mother Manti Kuwar, wife of late Ram Dayal Singh through registered sale deed dated 13.2.2009. Their prayer for mutation of the lands in question has been refused under orders contained in Annexures-1 and 3. For seeking declaration of right title and interest over the lands in question petitioners have already filed Title Suit bearing No.109 of 2009, which is pending in the court of Sub-Judge, IV, Sasaram, in which private respondent nos.7 to 10 are defendants, in whose favour the lands in question has been mutated on the basis of the judgment passed in Title Suit No.278 of 2000 and Title Appeal No.17 of 2009. Counsel submits that the - 2 - lands in question is not the subject matter of Title Suit No.278 of 2000 and Title Appeal No.17 of 2009. 3. Having heard counsel for the parties as also having appreciated the aforesaid fact, I am of the view that the findings recorded under orders, Annexures-1 and 3 shall be subject to the result of Title Suit No.109 of 2009 between the petitioner and the private respondent nos.7 to 10 pending in the court of Sub-Judge-IV, Sasaram. 4. With the observation aforesaid, this writ application is disposed of. Rajesh/ (V.N.Sinha, J.)