IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5798 of 2010 1. MAHADEO RAI S/O LATE HITLAL RAI R/O VILL SISHHANS, P.S.PAKARIDAYAL, DISTT-EAST CHAMPARAN, MOTIHARI 2. BRAMDEO RAI S/O LATE HITLAL RAI R/O VILL SISHHANS, P.S.PAKARIDAYAL, DISTT-EAST CHAMPARAN, MOTIHARI 3. DHARAMDEO RAI S/O LATE HITLAL RAI R/O VILL SISHHANS, P.S.PAKARIDAYAL, DISTT-EAST CHAMPARAN, MOTIHARI Versus 1. THE STATE OF BIHAR THROUGH THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT BIHAR, PATNA 2. THE DISTRICT MAGISTRATE MOTIHARI, EAST CHAMPARAN 3. S.D.O. PAKARIDAYAL, MOTIHARI 4. THE CIRCLE OFFICER PAKRIDAYAL, MOTIHARI, EAST CHAMPARAN ----------- 02. 08.04.2010 Heard learned counsel for the petitioners and the State. 2. Petitioners are claiming title and possession over 1 bigha, 6 kathas and 15 dhurs of land in plot nos. 3030, 3031 and 3028 appertaining to khata no.156 of village Sishani, police station Pakaridayal in the district of East Champaran, Motihari. They have filed application dated 23.2.2001, Annexure-6 before the Circle Officer, Pakaridayal to mutate the lands in question in their favour. It is submitted on behalf of the petitioners that the application dated 23.2.2001 is not being considered by the Circle Officer. 3. Counsel for the State has opposed the prayer. He states that from the writ application itself it would appear that there is dispute about the possession of the lands in question as proceeding under Sections-144 and 147 was initiated against the petitioners and Sri Raj Narayan Prasad and others. 4. Counsel for the petitioners in rejoinder submitted that the proceedings referred to by the counsel for the State ended in favour of the petitioners as their house is situate over the lands in question. - 2 - 5. Without going into the correctness or otherwise of the submission raised by the counsel for the parties, I dispose of this writ application with direction to the petitioners to file fresh application for mutating the lands in question in their favour before the Circle Officer, Pakaridayal, who should consider the same after due inquiry about the possession of the lands in question and pass appropriate reasoned order in accordance with law, as early as possible, in any case within one month from the date of receipt of the fresh application along with a copy of this order before the Circle Officer. Rajesh/ (V.N.Sinha, J.)