IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.242 of 2009 GIRJA DEVI wife of Bishwasnath Prasad, resident of ward no.2, Behind Head Post office, Aurangabad Town, P.O. & P.S. Aurangabad. District Aurangabad. Versus 1. MADHURI DEVI wife of late Rameshwar Prasad Gupta 2. Sheo Prasad Gupta @ Shiv Kumar Gupta son of late Rameshwar Prasad Gupta. 3. Manoj Kumar Gupta 4. Jai Prakash Gupta. 5. Vikash Kumar Gupta all sons of late4 Gopal Prasad Gupta. 6. Bina Gupta wife of late Gopal Prasad Gupta, All resident of Ward No.2, Aurangabad, P.S. Aurangabad, District Aurangabad. 7. The State of Bihar 8. The Assistant Superintendent of Survey, Aurangabad at Gaya. 9. The Superintendent of Survey, Aurangabad at Gaya. ----------- 6 2.12.2010 This L.P.A. arises out of an order dated 16.12.2008 passed by the learned Single Judge in C.W.J.C. No.5357 of 2001 at the instance of Respondent no.4 of the writ application who is the appellant herein. The case of the appellant is that her name was entered in the municipal survey record with regard to her title and possession. Thereafter a writ application bearing C.W.J.C. No.1774 of 1979 was filed by respondent nos. 1 to 6 which was allowed by order dated 1.10.1981 deciding the title and possession in their favour. This matter relates to a claim regarding title and possession of both the parties with regard to the land measuring 3.03 acres executed through a sale deed dated 7.9.1936. The claim of the appellant has already been gone into by this Court in C.W.J.C. No.1774 of 1979 by passing an order dated 1.10.1981 which has become final and remains operative till today. The 2 learned Single Judge having gone through the merits of the case has observed that the aggrieved party, if so advised, may file title suit in accordance with law. Learned counsel appearing on behalf of the appellant herein has contended that the learned Single Judge has not taken note of the fact that the respondent, appellant herein is already in possession of the property in question by virtue of a Hukumnama and that her name is also entered in the Municipal survey records. However, Learned counsel for the writ petitioner, respondent herein, has submitted that the Union of India has already filed a Title Suit No.157 of 2007 which is still pending in the Court of Sub.Judge in which the appellant has also been impleaded as a defendant. Considering the aforesaid facts and circumstances of this case, this Court does not find any merit in this appeal and accordingly the same is dismissed with a liberty to the appellant to move before the appropriate authority for assailing the inaction on the part of the respondent, if any, which would be disposed of without being influenced by any order or observation of this Court. Abhay Kumar (T. Meena Kumari, J.) ( Mihir Kumar Jha, J.)