IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12806 of 2008 NARSINGH DAS, SON OF MADHUSUDAN DAS, RESIDENT OF VILLAGE MEKANAVAIDA, P.S. BAHADURPUR, AND DISTT. DARBHANGA. Versus 1. THE STATE OF BIHAR. 2. THE SUB DIVISIONAL OFFICER, SADAR DARBHANGA. 3. THE ANCHAL ADHIKARI, BAHADURPUR, DARBHANGA. 4. BINOD YADAV, SON OF NARSINGH YADAV, RESIDENT OF VILLAGE MEKANA BAIDA, P.S. SONAKI, O.O., DISTRICT DARBHANGA. ----------- 02. 16.12.2010 Learned counsel for the petitioner is permitted to correct the description of the petitioner in the writ petition. 2. Heard learned counsel for the petitioner, the State and the counsel for respondent no.4 who yesterday filed Vakalatnama. 3. Petitioner is aggrieved by the order of the Sub-Divisional Magistrate, Sadar Darbhanga dated 2.7.2008, Annexure-4, whereunder he put in abeyance his earlier order dated 3.6.2008, Annexure-1 directing the Circle Officer and Officer in Charge concerned to assist the petitioner in carrying out agriculture operation over the lands in question. Both the orders have been passed ex parte, in as much as respondent no.4 was not heard when order dated 3.6.2008 was passed and petitioner was not heard when order dated 2.7.2008 was passed. In the circumstances, the two orders, Annexures-4, 1 need not be given effect to by the authorities. Petitioner and respondent no.4 are at liberty to approach the civil court of competent jurisdiction for declaration of their title and possession over the lands in question. It goes without saying that until appropriate order of the civil court is passed, the administration is not stopped from taking steps to maintain peace over the lands in question. 3. With the observation aforesaid, the writ application is disposed of. Rajesh/ (V.N. Sinha, J.)