IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9314 of 2007 Anant Rai S/O Late Dasrath Rai resident of Village- Shree Rampur, P.S. Bihta, District- Patna. ------------ Petitioner. Versus 1. The State of Bihar through the Commissioner-cum-Secretary Revenue Department, Patna and others. 2. Incharge Office (Settlement Officer)-II Survey Settlement Office, Patna. 3.Prano Kumari W/O Late Ram Bahadur Singh 4. Rakesh Kumar 5. Dhanesh kumar, both sons of Ram Bahadur Singh 6. Uday Singh 7. Haldhar Rai 8. Vijay Rai sons of late Ramasray Rai 9. Salik Prasad Rai, s/o Samru Rai, all residents of Bihta, P.S. Bihta District-Patna --- Respondents. ------------- 3. 27.2.2009 Heard Mr. Kalika Nandan Rai for the petitioner, and learned Assistant Counsel to Additional Advocate General No.2. This writ petition is directed against the order dated 3.10.2006(Annexure-2), passed by the learned Incharge Office (Settlement Officer), Survey Settlement Office, Patna, in Revision Case No. 144 of 2002 (Anant Rai Vrs. Prano Kumari & Ors.), whereby the order dated 24.10.2002 of the learned Assistant Settlement Officer, Patna, in Objection Case No.242 of 2001, has been upheld. Learned counsel for the petitioner raises a grievance before this Court that the authorities have completely over- looked the legal position that a decree can not be passed only on the basis of Jamabandi entry which is only on for fiscal purpose, and does not create title in favour of anybody. It appears to me that the issues raised in this writ petition are with respect to right, title and interest of the lands in question which can not be adjudicated in writ jurisdiction. It goes without 2 saying that it will be open to the petitioner to institute a civil suit in a court of competent jurisdiction for declaration of right, title and interest. The writ petition is accordingly dismissed. Vinay/ ( S. K. Katriar ,J. )