IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3247 of 2007 NATHO SAH, son of Late Jadunandah Sah, resident of village Nawhatta, PS Nawhatta, Distt. Saharsa ….Petitioner Versus 1. THE STATE OF BIHAR 2. Survey and Settlement Officer, Saharsa 3. Revenue Officer, Saharsa 4. Bibi Ajimum Nisa, w/o Kabir Khan, resident of village and PS Nawhatta, District Saharsa 5. Sheikh Habib, son of Late Sheikh Chulhay, resident of village and PS Nawhatta, District Saharsa… …….Respondents ----------- 02- 16.1.2009 Heard Mr.Anil Kumar Mukund for the petitioner, Mr. Rai Saurabh Nath, learned JC to AAG IV. This writ petition is directed against the order dated 4.1.2007, passed by the Charge Officer, Survey and Settlement, Saharsa, in terms of Section 108 of the Bihar Tenancy Act. The petitioner and respondent nos. 4 and 5 claims to be the land- holders on the basis of different sale deeds. It appears to me that the issue involves question of title and possession which cannot be decided on the basis of affidavits in writ jurisdiction. 2. The writ petition is, therefore, dismissed. It goes without saying that it will be open to the petitioner to institute a civil suit in a court of competent jurisdiction for adjudication of right, title, and interest which, if instituted, shall be disposed of in accordance with law and ignoring the findings and observations made by the learned revenue authorities. ( S K Katriar ) mrl - 2 -