IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1499 of 2011 1. JIWACH MAHTO, S/O- MADHURI LAL MAHTO, R/O- VILLAGE MAHINATH PUR, P.S.- RAJNAGAR, DISTT. MADHUBANI, BIHAR. 2. DINESH MAHTO @ DINESH KUMAR MAHTO, S/O- JIWACH MAHTO, R/O- VILLAGE MAHINATH PUR, P.S.- RAJNAGAR, DISTT-MADHUBANI, BIHAR Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE OLD SECRETARIAT, PATNA. 2. COLLECTOR, MADHUBANI 3. ADDITIONAL COLLECTOR, LAND REVENUE, MADHUBANI 4. DEPUTY COLLECTOR, LA ND REFORMS 5. SRI KUNWAR JEE JHA, SON OF SRI BALRAM JHA R/O- VILLAGE MAHINATH PUR, P.S.- RAJ NAGAR, DISTT- MADHUBANI, 6. VIRENDRA KUMAR SINGH 7. AMRENDRA KUMAR SINGH, BOTH SONS OF LATE RAM GULAM MAHTO, R/O- RAGHUVIR CHAK, P.S.- RAMPATTI, P.S.- RAJ NAGAR, DISTT.- MADHUBANI 8. SRI JITENDRA KR. MAHTO, SON OF MADHURI LAL MAHTO R/O- VILLAGE MAHINATH PUR, P.S.- RAJNAGAR, DISTT- MADHUBANI, BIHAR 9. DILIP KUMAR MAHTO, SON OF JIWACH MAHTO, R/O- VILLAGE MAHINATH PUR, P.S.- RAJNAGAR, DISTT-MADHUBANI, BIHAR. For the petitioners : Mr. R.K. Shukla, Advocate. For the State : Mr. Bijay Kumar Sinha, A.C. to A.A.G.-IX. 2 27.01.2011 Heard both sides. Petitioner is aggrieved by order dated 11.11.2009 passed by respondent Addl. Collector, Madhubani in Miscellaneous Appeal No. 12 of 2007-08 (Annexure-9). By this order, the claim of respondent No. 5 has been allowed. While allowing the claim of respondent No. 5, the respondent appellate authority has found that title suit filed by respondent Nos. 5 and others being Title Suit no. 32 of 1982 was already decreed in favour of the plaintiffs including respondent No. 5. It has been recorded therein that no appeal appears to have been preferred there against. In the setting of - 2 - these facts, the appeal preferred by respondent No. 5 was allowed and the lands in question were directed to be restored in the jamabandi of the respondent No. 5. Learned counsel for the petitioner submits that the ex- parte decree passed in Title Suit no. 32 of 1982 has been set aside by the learned Munsif-I, Madhubani in Misc. Case No. 03/2000 by order dated 16.4.2010 (Annexure-10). In that view of the matter, this Court, while refusing to interfere with the order impugned, observes that the mutation/creation of jamabandi in respect of disputed land shall abide by final adjudication to be made in Title Suit no. 32 of 1982 which stood revived by virtue of order dated 16.4.2010 (Annexure-10). The application is disposed of. pkj (Kishore K. Mandal, J)