IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6556 of 2002 RAM SARAN PD.SINGH & ORS Versus THE STATE OF BIHAR & ORS ----------- CWJC No.6558 of 2002 RAM SARAN PD.SINGH & ORS Versus THE STATE OF BIHAR & ORS ----------- CWJC No.6563 of 2002 RAM SARAN PD.SINGH & ORS Versus THE STATE OF BIHAR & ORS ----------- CWJC No.6564 of 2002 RAM SARAN PRASAD SINGH & ORS Versus THE STATE OF BIHAR & ORS ----------- CWJC No.6568 of 2002 RAM SARAN PRASAD SINGH & ORS Versus THE STATE OF BIHAR & ORS ----------- CWJC No.6576 of 2002 RAM SARAN PD.SINGH & ORS Versus THE STATE OF BIHAR & ORS ----------- CWJC No.6631 of 2002 RAM SARAN PD.SINGH & ORS Versus THE STATE OF BIHAR & ORS ----------- CWJC No.6694 of 2002 RAM SARAN PD.SINGH & ORS Versus THE STATE OF BIHAR & ORS ----------- 5. 18.4.2009 Heard Mr. Devendra Kumar Sinha, learned Senior counsel appearing for the petitioner and the counsel for the State as also counsel for the private respondents. After a detailed argument, the 2 issue boils down to the fact that the municipal survey entries of certain land are subject matter a proceeding under Section 145 Cr.P.C. filed by the petitioners as also in the two suits that there is a proceeding under Section 145 of the Code of Criminal Procedure filed by the private respondents. Counsel for the petitioner submits that he would be satisfied if that proceeding under Section 145 Cr.P.C. is decided without taking into account the entries made in the remarks column of municipal survey records. Rebutting the aforementioned submissions counsel for the private respondents would submit that as a matter of fact these issues can be adjudicated only in property constituted civil suit and infact for this reasons, the private respondents have already filed two title suits impleading the petitioners as a party. He would, therefore, submit that as a matter of fact even a proceedings under Section 145 Cr.P.C. will be a wasteful exercise. Counsel for the State also supports 3 the plea of the private respondents. In the opinion of this Court, the entries made in the municipal survey records even in the remarks column are only tentative indication of possession of the land. They by themselves cannot either vest or extinguish the right and title of any person. Such issue of title, followed by possession of land therefore, has to be ultimately today or tomorrow decided by the civil court itself for attaching finality to the dispute. Two such suits have been filed by the private respondents and the issue relating to suit land covered under these two suits can be gone into there. If the petitioner also intends to get his rights finally determined and declared in respect of remaining land not covered by the aforesaid two suits he may also take recourse to filing his own civil suit before the competent civil court. These writ applications are accordingly disposed of with a liberty to the petitioner to approach either the civil court or continue with the proceedings under 4 145 Cr.P.C. which will be decided on the basis of evidence adduced by the parties and without being prejudiced by the entries made in the remarks column of municipal survey records. (Mihir Kumar Jha,J.) Surendra/