IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3533 of 2005 BIDYA DEVI daughter of late Sri Radha Sao, wife of Shrawan Kumar, R/o Naya Bazar, Pachna Road, Chowk, Post Office & Police Station Lakhisarai, District Lakhisarai ….Petitioner Versus 1. THE STATE OF BIHAR 2. The Collector, Lakhisarai. 3. The Sub Divisional Officer, Lakhisarai. 4. The Circle Officer, Lakhisarai ….Respondents. ----------- 2 19.05.2011 Heard learned counsel for the petitioner. None appears on behalf of the State of Bihar and its functionaries. 2. The grievance of the petitioner is that with respect to the lands fully detailed in paragraph-4 of the writ petition, Title Suit No. 47 of 2001 has been filed by the petitioner and the same is pending in the court of learned Sub- judge Ist, Lakhisarai, but during the pendency of the aforesaid title suit lands in question has been mutated by the respondent no.4 in favour of defendants of that title suit. Further grievance of the petitioner is that certified copy of order passed by respondent no.4, is not being supplied to him and, therefore, he is not in a position to file an appeal challenging the order of mutation passed by respondent no.4 in Mutation Case No. 1 of 2003-2004. It is well established that an order of mutation passed by the competent authority can be used by a party as a piece of evidence in support of his claim of possession over the land, for which mutation order is passed. In the present case in Title Suit No. 47 of 2001, question of title and possession are 2 required to be gone into by the Civil Court and that will certainly bind the parties with respect to the lands in question. 3. In the aforesaid facts and circumstances, this writ petition is disposed of with an observation that any order passed by respondent No.4, in Mutation Case No. 1 of 2003- 2004 regarding lands in question shall be subject to final out come of Title Suit No. 47 of 2001. Rahman/ ( Birendra Prasad Verma, J.)