IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2973 of 2007 Mahesh Mishra, son of Late Dukhmochan Mishra, resident of village- Mahinam, P.S. Bahera, District- Darbhanga. ... Petitioner. Versus 1. The State of Bihar. 2. The Survey Settlement Officer, Darbhanga. 3. The Assistant Survey Settlement Officer, Benipur, Darbhanga. 4. The Circle Officer, Benipur, Darbhanga. ....Respondents. ----------- 02- 15.1.2009 Heard Mr. Sunil Kumar Karn for the petitioner, and learned junior counsel to Mr. Md. Fazal Rahman, Government Pleader No.6. This writ petition is directed against the order dated 27.6.2006 (Annexure-6), passed by the learned Assistant Survey Settlement Officer, Benipur, Darbhanga, in Case No.18577 of 1993 (Mahesh Mishra Vs. the State of Bihar, through the Anchal Adhikari, Benipur), whereby the land in question has been declared to be a Government land, meant for public use. 2. It arises out of proceedings under section 106 of the Bihar Tenancy Act (hereinafter referred to as ‘the Act’), and is with respect to Khesra No.3801, appertaining to Khata no.3429, Thana no.144, 2 covering an area of 90 decimals as well as Khesra no.3801/13288, covering an area of 44 decimals. 3. It appears to me that the petitioner filed an application under section 106 of the Act for correction of the records of rights with respect to the aforesaid plots. The learned Assistant Survey Settlement Officer has rejected the application, and has instead found that this land belongs to the State of Bihar and is a public land. Learned counsel for the petitioner contests this finding of facts. I regret my inability to accede to the submission mainly for the reason that it is not possible to examine this issue of fact on the basis of affidavit evidence in writ jurisdiction. 4. The writ petition is disposed of with the liberty to the petitioner to institute a civil suit in a court of competent jurisdiction for adjudication of his right, title and interest. (S K Katriar, J.) S.K.Pathak/ 3