IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.272 of 2009 ZAFAR IMAM S/O LATE GULAM NAQUI MUKHTAR, RESIDENT OF MOHALLA- PUNCH MAHSER, P.O.& P.S.- JEHANABAD, DISTRICT- JEHANABAD …………..APPELLANT Versus 1. THE STATE OF BIHAR THROUGH THE SECRETARY HUMAN RESOURCES DEVELOPMENT, GOVERNMENT OF BIHAR, PATNA 2. THE DISTRICT MAGISTRATE, JEHANABAD 3. THE ADDITIONAL DISTRICT MAGISTRATE, JEHANABAD 4. THE DISTRICT SUPERINTENDENT OF EDUCATION, JEHANABAD 5. THE CIRCLE OFFICER, JEHANABAD CIRCLE, JEHANABAD 6. THE HEAD MISTRESS, RAJKIYA KANYA MADHYA VIDYALAYA, P.G. ROAD, JEHANABAD 7. MD. REYAJUDDIN 8. MD. ZAFFAR BOTH SON OF LATE FAKIRUDDIN DHUNIA, R/O MOHALLA- PATHAK TOLI, P.S. & DISTRICT- JEHANABAD …………..RESPONDENTS ----------- 4 24/11/2009 Heard learned counsel for the appellant, learned counsel appearing on behalf of some of respondents including the State and perused the order under appeal. On behalf of the appellant it has been submitted that the writ court has unnecessarily directed the concerned officer to dispose of the demarcation case within a period of four months. According to him, an earlier demarcation by the concerned authority is a valid demarcation and the respondent should not claim the land of the appellant. We are not persuaded to enter into any issue of facts relating to land in question. If the appellant is of the view that the subsequent demarcation order is bad in law or that an earlier demarcation order should be 2 enforced against the respondents, he will be free to lay his claim over the land belonging to him through appropriate proceedings including a properly constituted title suit. If the appellant is of the view that the order passed in his favour has statutory backing of provisions of Bengal Survey Act, he will also be at liberty to seek remedy before the competent authority of that area in accordance with law. It goes without saying that if the impugned order of the writ court for demarcating the land satisfies the parties then there would be no need of any further proceeding. The appeal is disposed of. (Shiva Kirti Singh, ACJ.) (Shyam Kishore Sharma, J.) avin