IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3762 of 2006 JAINATH SINGH & ANR Versus THE STATE OF BIHAR & ORS ----------- 7 4.11.2009 In the instant writ petition the petitioner prays for quashing the order dated 30.12.2005, contained in Annexure-6, whereby a direction has been issued to demolish the wall of the petitioner so far as it obstructs construction on land, which he claims to have auctioned purchased. The petitioner states that one Shanti Devi purchased 2 Kathas of land of one Ram Jiwan Sharma out of his total share of 12 Kathas. The petitioners have purchased the aforesaid land from Shanti Devi in 1992. The rest 10 Kathas of land was auctioned sold which was purchased by respondent no.4. The petitioners state that they made construction over it in the year 1993-94.The aforesaid land contains common rasta with width of 14 ft. The aforesaid fact is denied by learned counsel for respondent no.4. The petitioner states that if measurement is made of the plots in question, the entire dispute would stand resolved. Learned counsel for respondent no.4 submits that the petitioners have filed Title Suit bearing no.368 of 1999 for the same purpose. However, counsel for the petitioner submits that the aforesaid Title Suit has been filed not for the same purpose. After hearing counsel for the parties, this court observes that the S.D.O.Ara would get a measurement done of 2 KHAN the plots purchased by the petitioner as well as the plots auctioned purchased by the respondent no.4 whether they are in tune with their purchase. The aforesaid measurement of the land of the petitioner and respondent no.4 would be done within three months from the date of receipt/production of a copy of this order in presence of the parties. However, it would be open to the parties to put their dispute before the respondent authorities. With the aforesaid observations and directions, this writ petition stands disposed of. (S.P.Singh,J)