IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4275 of 2005 CHETAN KUMAR S/O UDAI NARAYAN MISHRA, RESIDENT OF VILLAGE- PURANI BAZAR, BHAGIRATHI ROAD, P.O. AND P.S. TEGHRA, DISTRICT- BEGUSARAI. ..PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE BIHAR STATE WARE HOUSING CORPORATION LTD., PATNA THROUGH ITS MANAGING DIRECTOR. 3. THE MANAGING DIRECTOR, BIHAR STATE WARE HOUSING CORPORATION LTD., PATNA. 4. THE FOOD CORPORATION OF INDIA, THROUGH ITS MANAGING DIRECTOR. 5. THE STATE BANK OF INDIA THROUGH ITS BRANCH MANAGER BARAUNI, FERTILIZER, TOWN SHIP BRANCH, BEGUSARAI. 6. SHRI RAMESHWAR ROY SON OF LATE SHRI GOPAL ROY. 7. SHRI YADUNANDAN ROY SON OF LATE RAM DUTT ROY. 8. SHRI ABHINANDAN ROY SON OF NOT KNOWN, ALL RESIDENT OF VILLAGE- HARPUR, P.O. TILRAIKA, P.S. BARAUNI, DISTRICT- BEGUSARAI. … RESPONDENTS. For the Petitioner : M/s. Md. Fahimuddin and Md. Rahmatullah, Advocates. For Respondent Nos. 2 and 3 : M/s. Naresh Dikshit and Dhirendra Kumar Mishra, Advocates. For Respondent No.4 : M/s. Suman Kumar Jha, and P.K. Verma, Advocates. For the State Bank of India: Mr. S.D. Sanjay, Advocate. ----------- 3. 05.04.2011 Heard learned counsel for the petitioner, learned counsel for the State of Bihar, learned counsel for the Bihar State Ware Housing Corporation Limited, learned counsel for the Food Corporation of India as well as learned counsel for the State Bank of India. 2. This writ petition has been filed by the petitioner for directing the respondents either to pay full price of the godown in question with a compound interest of 18% per annum from the date it became due or to hand over the vacant possession of the 2 same and for ancillary reliefs. 3. From the facts and circumstances of the case, it transpires that the dispute is with regard to transfer of the premises in question by the partner of petitioner’s father in favour of the Corporation. In such circumstances, the disputed questions of facts with regard to right and title of the parties are involved and hence the proper and efficacious remedy for the petitioner is by way of filing a suit before a Court of proper jurisdiction and not by way of filing this writ petition. With the aforesaid observations, this writ petition is disposed of. Ibrar/- (S.N. Hussain, J. )