IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21205 of 2011 1. Lalan Singh S/O Late Baldeo Singh Resident Of Village- Jalalpur, P.O- Dhanout, P.S- Rupaspur, in the District Of Patna. 2. Sanjay Singh S/O Late Ramdeo Singh Resident Of Village- Jalalpur, P.O- Dhanout, P.S- Rupaspur, in the District Of Patna. ---Petitioners. Versus 1. The State Of Bihar 2. Commissioner Patna Division, Patna. 3. District Magistrate, Patna. 4. Deputy Collector, Land Reform Danapur, District- Patna. 5. Om Prakash Singh S/O Late Lakhan Singh Resident of Village- Jalalpur, P.S- Rupaspur, in the District Of Patna 6. Jai Prakash Singh S/O Late Lakhan Singh Resident ofVillage- Jalalpur, P.S- Rupaspur, in the District Of Patna 7. Chhotan Singh S/O Late Lakhan Singh Resident of Village- Jalalpur, P.S- Rupaspur, in the District Of Patna --Respondents. ---------------------------------- 02 13.12.2011 Heard Mr. Aditya Narayan Singh, learned counsel for the petitioners. Mr. Siya Ram Sahi, learned counsel for the respondent nos. 5 to 7 and learned Assistant Counsel to Government Pleader no.1 for the State. Petitioners and respondent nos. 5 to 7 are agnates. Earlier a dispute had arisen between them with regard to mutation of the disputed plots. Matter traveled to this Court at the instance of the writ petitioners vide CWJC No. 11973 of 2009 ( Lalan Singh vs. State of Bihar and Ors.). Considering the fact that a Title Suit at the instance of the writ petitioners was already pending this Court disposes of the said matter by order dated 11.09.2009 whereby the order of mutation was made subject to final adjudication of right title and interest of the parties in the Title Suit. The respondent nos. 5 to 7 thereafter approached the competent authority under the Bihar Land Dispute Resolution Act, 2009 ( for short ‘Act’) for 2 demarcation of land. The writ petitioners were noticed and heard. By order dated 01.07.2011/18.07.2011 passed in Land Dispute Redressal case no. 35/10-11 ( Shri Om Prakash Singh & Anr. Vs. Sri Lalan Singh & Ors.) noticing these facts allowed the said application and directed for demarcation of the disputed plot bearing khesra no.84 measuring an area of 1.03 acres. Said order has been impugned by the writ petitioners in the present writ proceeding. Learned counsel for the petitioners contended that since there was a title suit pending between the parties and as such the competent authority under the Act ought to have stayed its hand and allowed the parties to get relief from the competent Court. It is next contended that the competent authority in the impugned order has, in fact, decided the title of the parties relating to the land in question. Learned counsel for the private respondents, on the other hand contends that the order impugned in the writ petition is appealable in terms of Section 14 of the Act. It is next submitted that the writ petitioners have already approached the appellate authority against the impugned order which is pending consideration. Having heard the parties and on going through the pleadings on record, in my view, the order impugned is appealable and thus does not warrant interference. The petitioners have already filed an appeal which is pending consideration. Regard being had to the aforesaid facts, this Court, while declining invocation of discretionary writ jurisdiction, disposes of the application by the following order:- Let the Commissioner, Patna Division, Patna, the 3 appellate authority under the Act, dispose of the pending appeal as quickly as possible preferably within 02 months from the date of receipt/ production of a copy of this order. Needless to observe that both the parties in the present writ petition shall cooperate in speedy disposal of the said appeal. It will also be open to the writ petitioners to seek any interim relief from the appellate authority. Sym ( Kishore K. Mandal, J.)