IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1134 of 2008 BHOLI MAHTO son of late Bachchan Mahto, resident Of village Aurahi, P.S. Gamhariya, Dist. Madhepura ….Petitioner Versus 1.STATE OF BIHAR 2.District Magistrate, Madhepura, 3.Superintendent of Police, Madhepura 4.Officer Incharge Gamhariya P.S. Dist. Madhepura, 5.Ram Prasad Mahto son of Sri Rudal Mahto, resident of village Aurahi, P.S. Gamhariya, Dist. Madhepura …. Respondents. ----------- 2 20.3.2009 There is civil dispute between the petitioner and the respondentno.5. It is case of the petitioner that he has got decree in his favour for which a second appeal is pending before this Court in which petitioner was not allowed to alienate or encumber the suit land but during the pendency of the appeal the petitioner was allowed to make construction at his own risk. It is further case of the petitioner that petitioner has grown up paddy crops over the land and when he started harvesting respondent no. 4 stopped him from harvesting. In the circumstances of the case, I am not inclined to pass any order for declaration of title and possession. It is for the petitioner to approach before the concerned court where the second appeal is pending, which may pass order in accordance with law. The application stands disposed of. Rahman/ (J.B.Koshy, CJ)