IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24833 of 2007 1. Ramnandan Singh, Son of Late guneshwar Singh. 2. Ramesh Singh @ Ramesh Prasad Singh, Son of late Guneshwar Singh. 3. Rambujhawan Singh, Son of late Bodhnarayan Singh. 4. Bipin Kumar Singh, Son of late Janardan Singh. 5. Pawas Kumar Singh, Son of late Maheshwar Prasad Singh. 6. Pankaj Kumar Singh, Son of late Maheshwar Prasad Singh. 7. Sitaram Singh, Son of late Kusheswar Singh. 8. Radheshyam Singh, Son of late Kusheshwar Singh. 9. Deokala Devi, Wife of late Hare Ram Singh. All residents of Village Mahpura, P.O. Maingram, P.S. Mahishi, District Saharsa. ---- Petitioners Versus 1. The State of Bihar. 2. Subdivisonal Officer, Saharsa. 3. Indradeo Singh, Son of late Ramrup Singh, Mukhia, Gram Panchayat Mahpura, P.S. Mahishi, District Saharsa. 4. Arjun Prasad Singh 5. Rabindra Prasad Singh. 6. Sanjan Prasad Singh. 7. Murli Singh. 8. Anirudh Singh. 9. (i) Kameshwar Singh. (ii) Chandra Bhushan Singh. (iii)Ram Binod Singh @ Renu Singh. (iv) Pappu Singh. All Sons of Late Bihari Singh. All Resident of Village-Mahpura, P.O. Mainagram, P.S. Mahishi, District Saharsa. 10. Gopal Singh, Son of late Durlarchand Singh. All Resident of Village-Mahpura, P.O. Mainagram, P.S. Mahishi, District Saharsa. ---------- Opposite Parties ----------- 8 30.07.2009 Heard counsel for the petitioner. In the opinion of this Court, a final order passed under Section 145(5) of the Cr.P.C. would never extinguish the claim of title of the petitioner as it is the only question of possession which was gone into 2 while deciding the matter. If the petitioner is so sanguine and wants to remain in possession, he will have to prove his title and that he can do only in a properly constituted title suit. The submission of learned counsel for the petitioner that the petitioner may be given permission to file a declaratory suit, cannot be adjudicated by this Court in this case but if he is sure that he can maintain a declaratory suit for getting his title declared and possession restored it will be open for him to do so as the Court in seision of such suit is always expected to decide such question of maintainability of the suit, in accordance with law including the provisions of specific Relief Act. That being so, this application is disposed of with a liberty to the petitioner to file a suit before the court of competent jurisdiction. Rsh (Mihir Kumar Jha, J.)