IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12443 of 2010 1. SHRI PRAHALAD PANDEY S/O LATE RAM SEVAK PANDEY R/O MOHALLA- KANDU RAM KI GARHI, NOW PANDEY TOLI, WARD NO. 7, MUNICIPALITY, DAUDNAGAR, P.O.+P.S.- DAUDNAGAR, DISTT.- AURANGABAD (BIHAR) Versus 1. SRI SIDHESHWAR NATH PANDEY S/O LATE PRABHU NATH PANDEY R/O MOHALLA- KANDU RAM KI GARHI, NOW PANDEY TOLI, WARD NO. 7, MUNICIPALITY DAUDNAGAR, P.O.+P.S. DAUDNAGAR, DISTT.- AURANGABAD (BIHAR) 2. THE STATE OF BIHAR THROUGH COLLECTOR, AURANGABAD (BIHAR) 3. NAME NOT KNOWN TO THE PLAINTIFF W/O LATE KANHAIE RAM R/O MOHALLA- KANDU RAM KI GARHI, NOW PANDEY TOLI, WARD NO. 7, MUNICIPALITY DAUDNAGAR, P.O.+P.S. DAUDNAGAR, DISTT.- AURANGABAD (BIHAR) ----------- 2/ 20/01/2011 Heard learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner submits that the lands are public lands and by forgery a claim has been laid trying to raise a bona fide dispute of title. He submits that the provisions of the Bihar and Orissa Municipal Survey Act and the Bihar Public Land Encroachment Act were sufficient for examination of issues and therefore ouster of jurisdiction under the aforesaid Acts of Section- 9 of C.P.C. should have been presumed. The court below by a reasoned order has rightly interpreted that ouster of jurisdiction under Section-9 C.P.C. was not to be easily inferred, on the contrary a presumption would arise that a suit shall be maintainable, especially where complicated questions of - 2 - title arise which cannot be adjudicated in a summary proceeding. The impugned order records the prima facie satisfaction of the claim based on long continuance to the lands in question which remains a matter to be adjudicated and decided in the suit. The writ application is dismissed. KC ( Navin Sinha, J.)