IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5067 of 2010 SUDHIR KUMAR MAHTO, SON OF LATE LAXMI NARAIN MAHTO, RESIDENT OF MOHALLA- CHAKDAH, MAHILA COLLEGE ROAD, SURATGANJ, WARD NO. 13(OLD) 7 (NEW), POLICE STATION- MADHUBANI, DISTRICT- MADHUBANI :--- PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT COLLECTOR, MADHUBANI. 3. THE DEPUTY COLLECTOR, LAND REFORMS, MADHUBANI. 4. THE ANCHAL ADHIKARI, RAHIKA, POLICE STATION- RAHIKA, DISTRICT- MADHUBANI. 5. KAPIL DEO MAHTO, SON OF LATE RAMAUTAR MAHTO, RESIDENT OF MOHALLA- CHAKDAH, MAHILA COLLEGE, ROAD, SURATGANJ, WARD NO. 13(OLD) 7 (NEW) POLICE STATION- MADHUBANI, DISTRICT- MADHUBANI. 6. SUSHIL KUMAR MAHTO, SON OF LATE LAXMI NARAIN MATHO, RESIDENT OF MOHALLA- CHAKDAH, MAHILA COLLEGE ROAD, SURATGANJ WARD NO. 13 (OLD) 7 (NEW) POLICE STATION- MADHUBANI, DISTRICT- MADHUBANI. 7. THE DIVISIONAL COMMISSIONER, DARBHANGA :--- RESPONDENTS. ----------- 02. 25.03.2010. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order dated 21.05.2007 passed by the Collector, Madhubani in Mutation Revision Case No. 29/2006-07, Annexure-2, whereunder order dated 21.6.2006 passed in Appeal Case No. 06/2005-06, Annexure-1 in favour of the petitioner and his brother Sushil Kumar Mahto, Respondent No.6 herein has been set aside directing mutation of the lands in-question in favour of Private Respondent No.5. 3. Petitioner is at liberty to file a suit for declaration of title over the lands which were the subject matter of the order dated 21.5.2007, Annexure-2 and the findings recorded in the order dated 21.5.2007, Annexure-2 shall be subject to the result of the Civil Suit which the petitioner is proposing to file. It is also observed that petitioner shall be at liberty to approach the competent Civil Court for grant of injunction in the event his possession over the lands in-question is threatened by Private Respondent No.5 on the basis of Annexure-2. 4. The writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)