IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1157 of 2011 1. Pramod Mahto, son of late Rameshwar Mahto, resident of village- Fateha, Police Station-Bachhwara, District- Begusarai. 2. Damodar Singh, son of late Shivji Rai, resident of village- Narepur Pachhiyari Tole, Police Station- Bachhwara, District- Begusarai. . . . . . . Petitioners. Versus 1. The State of Bihar. 2. District Magistrate-cum-Collector, Samastipur. 3. Superintendent of Police, Samastipur. 4. Officer-in-charge, Dalsinghsarai at Samastipur. 5. Circle Officer, Dalsinghsarai at Samastipur. 6. Sanjiv Kumar Choudhary, son of late Shyam Sundar Choudhary, resident of village- Keota, Police Station-Dalsingsarai, District- Samastipur. . . . . . . Respondents. ----------- 2/ 15.07.2011 A counter affidavit has been filed on behalf of respondent nos. 2 to 5. The case of the petitioners is that they purchased 2 kathas and 7 dhurs of land in village Keota within Bachhwara police station in the district of Samastipur appertaining to Khata no.142 (new) and Khesara no. 1214 (new) from one Sanjay Kumar Chaudhary, brother of respondent no.6. The petitioners submit that father of respondent no.6 namely late Shyam Sundar Choudhary by ante-dating gifted the aforesaid property in favour of his wife Bibha Devi. The aforesaid Bibha Devi after the gift deed tried to take possession over the land and she also filed two title suits namely Title Suit no. 15 of 2005 and 68 of 2007. In paragraph 8 of this application, it has been stated that both the petitioners contested the aforesaid suits and filed their written statements in Title Suit no. 15 of 2005. Title suit no. 15 of 2007 was withdrawn and Title suit no. 68 of 2007 was dismissed. The petitioners submit 2 that they want demarcation of the purchased land by Government Amin. They submit that they are willing to deposit the necessary cost for demarcation. They further submit that they are even willing to file a petition before the Circle Officer for demarcation of the land. They submit that they have made private respondent no.6, as a party respondent in this case apart from State officials. The State has very promptly filed counter affidavit on the very day, the case has been taken up for the first time for hearing. As respondent no.6 has not been noticed, this court observes as follows: if the petitioners file a representation before the Circle Officer, Dalsinghsarai, Samastipur for demarcation of purchased land, the former would also issue notice to respondent no.6 and after hearing the parties, he / she would pass appropriate order within two months from the date of receipt of copy of representation along with this order. With the aforesaid direction, this application is disposed of. Uday/ (Samarendra Pratap Singh, J.)