IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.407 of 2009 MANOJ NATH JHA, Son of Shyamanand Jha Resident of Village Chahuta P.S. Bisfi, District Madhubani. Versus 1. THE STATE OF BIHAR 2. Collector, Madhubani. 3. Additional Collector, Madhubani. 4. Sub. Divisional Officer, Benipatti, Madhubani. 5. Deputy Collector Land Reforms, Benipatti, Madhubani. 6. Anchal Adhikari, Bisfi, Madhubani. ----------- 6 13.12.2010 This L.P.A. arises out of an order dated 21.1.2009 passed in C.W.J.C. No.4104 of 2002, whereby the appellant herein has sought declaration of his title to the land in question situated in Khata nos. 2280 and 2281 to the extent of 1 bigha 8 kathas and 8 dhurs. The learned Single Judge dismissed the writ application holding that such subject matter of dispute with regard to title of the land of petitioner could not be gone into in an application under Article 226 of the Constitution of India. However, learned counsel appearing for the appellant has argued before us that in view of the documents of title of the appellant have remained undisputed and the appellant is also continued in possession of the land in question, his title cannot be questioned by the respondents, who have not produced any documents to controvert title and possession of the appellant on the disputed land in question. Having heard learned counsel for the parties, we are of the view that such disputed questions of fact cannot be decided in this appeal arising out of a writ petition. Accordingly, this L.P.A. 2 is disposed of by giving liberty to the appellant to approach the appropriate forum by filing a Civil Suit for declaration of his title within a period of two months from today along with an injunction petition. However, it is made clear that till disposal of the injunction petition, status-quo as existing today shall be maintained. Abhay Kumar (T. Meena Kumari, J.) ( Mihir Kumar Jha, J.)