IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3317 of 2009 Sanjay Kumar, son of Naresh Prasad, village and P.S. Phulwaria, Block Teghra, district Begusarai – Petitioner. Vs. 1) The State of Bihar, 2) The Dist. Magistrate, Begusarai. 3) The S.D.O. Teghra, Dist. Begusarai. 4) The B.D.O. Teghra, Dist. Begusarai. 5) Samida Khatoon, wife of Md. Hashim @ Govelal, Member, Panchayat samiti, village Phulwaria, Teghra Block,, Dist. Begusarai. 6) Arvind Choudhary, son of Raj Kumar Choudhary, Ward Commissioner, Ward No.8, Teghra, Begusarai. 7) C handrakant Pathak, VLW, Teghra Block, dist. Begusarai – Respondents. 5 22.12.2011 Heard learned counsel for the petitioner and the State. The dispute between the petitioner and the State is with respect to Holding no. 39, Tauzi No. 9652, Khata no. 533, Khesra no. 3195, measuring 15 kathas which according to the petitioner was settled in the name of his grand father in 1939 by the ex-landlord. It is alleged on behalf of the petitioner that the State is building public toilet on the land belonging to the petitioner. The case of the petitioner is that after the settlement, he got Jamabandi opened in his name. He is also paying rent to the State of Bihar and as far back as in 1970 there was a proceeding under section 144 Cr.P.C. which was decided in favour of the petitioner. The stand of the State is that there is no document to indicate that there was settlement by the ex-landlord in favour of ancestors of the petitioner and the records of the Jamabandi with respect to entry of petitioner’s name are not traceable. The nature 2 of the land as per the stand of the State is Ghair Mazrua Aam Garha. The question here is that there appears to be a dispute regarding the title of the land. The petitioner claims that he is in possession of the land and as such the State has no right to build public toilet or take possession of the land. To decide this dispute it is appropriate that a proceeding should be initiated at the level of the Circle Officer who should make a spot enquiry in presence of the parties regarding the aforesaid settlement, examine the revenue records and determine the nature of the land and thereafter take action with respect to construction of public toilet over the said land. Either of the party would also have the liberty to file a civil suit for declaration of title. Where there is a disputed fact, this court cannot pass a positive order in favour of the either party. This writ petition is disposed of with the aforesaid observation and direction. haque ( Sheema Ali Khan, J .)