IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8045 of 2007 1. Dev Muni Singh @ Dev Muni Singh Yadav. 2. Kapil Muni Singh. Both sons of Late Markat Singh Yadav, both residents of village- Antwa, P.S. Dumraon, Distt.- Buxar at present resident of village- Boxa, P.S.- Buxar (Muffasil), District- Buxar. .... Petitioners. Versus 1. The State of Bihar. 2. The District Magistrate –cum- Collector, District- Buxar. 3. The Deputy Collector, Land Reforms, Dumraon, District- Buxar. 4. The Circle Officer, Dumraon, District- Buxar. 5. Mohan Singh Yadav, son of Late Bhola Yadav, resident of Village- Antaw, P.S.-Dumraon, District- Buxar. ... Respondents. ----------- 02- 6.2.2009 Heard Mr. Ashwini Kumar Rai for the petitioners, and learned assistant counsel to Mr. Ram Bilash Mahto, Additional Advocate General No.8. It arises out of mutation proceedings and is directed against the order dated 15.2.2007 (Annexure-5), passed by the learned Collector of the district of Buxar, in Mutation Revision Case No.134 of 2004/ 3 of 2006 (Dev Muni Singh Yadav and others Vs. Mohan Singh Yadav), passed in purported exercise of powers under section 16 of the Bihar Tenants’ Holdings (Maintenance of Records) Act 1973, whereby the revision application preferred by the present petitioners has been rejected and 2 the order of the learned appellate authority of 20.10.2004 (Annexure-4), passed by the D.C.L.R., Dumraon, in Mutation Appeal No.106 of 2003-04 (Mohan Singh Vs. Dev Muni Singh), was upheld. Consequently the lands in question have been directed to be mutated in the name of respondent no.5. 2. It appears to me on a perusal of the materials on record that the petitioners claim mutation by virtue of being khatiyani raiyat. On the other hand, respondent no.5 claims mutation on the basis of a registered deed of absolute sale of 1964. It raises issues relating to title. 3. In that view of the matter, the writ petition is dismissed. It goes without saying that it will be open to the aggrieved party to institute a civil suit before a court of competent jurisdiction for adjudication of right, title and interest. (S K Katriar, J.) S.K.Pathak/