IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20199 of 2011 1. Ram Jiwan Rai S/O Late Chhatar Rai R/O Vill- iIlahibagh, Akkal Tola, P.S-Gopalpur, Distt- Patna. 2. Harinath Prasad @ Zamindar Rai, S/O Late Jangi Rai R/O Vill- iIlahibagh, Akkal Tola, P.S-Gopalpur, Distt- Patna. ---Petitioners. Versus 1. The State Of Bihar 2. District Collector, Patna. 3. Deputy Collector Of Land Reforms (D.C.L.R), Patna 4. Circle Officer, Sampatchak, Patna. 5. Grijnandan Rai S/O- Rambali Rai R/O Vill- iIlahibagh,M Akkal Tola, P.S-Gopalpur, Distt- Patna. 6. Nandan Rai S/O Rambali Rai R/O Vill- iIlahibagh, Akkal Tola, P.S- Gopalpur, Distt- Patna. 7. Ganesh Prasad S/O late Ramdeo Prasad Rai R/O Vill- iIlahibagh, Akkal Tola, P.S-Gopalpur, Distt- Patna. 8. Bijay Kumar Verma, S/O Ramji Prasad R/O Vill- Paroha, P.S. Manpur, Distt- Nalanda, At Present A/98.Birla Colony P.S. Phulwarisharif, Distt- Patna. ----Respondents. ---------------------------------- 03 14.12.2011 Heard Mr. T. N. Matin, learned senior counsel for the petitioners and Mr. Sanjay Kumar No.1, learned Standing Counsel no.12 for the State. Petitioners raise a grievance with respect to the order dated 30.08.2011 passed by the respondent Deputy Collector, Land Reforms, Patna, Sadar in Demarcation case no. 09 of 2011-12 ( Bijay Kumar Verma vs. Hriday Rai & Ors.) whereby the said authority directed for measurement of the land of respondent nos. 5 to 7 on an application filed on their behalf after hearing both the sides. Mr. Matin, learned counsel submits that in view of the observations made in the order as also the fact that a Title Suit is pending between the writ petitioners and respondent nos. 5 to 7, the authority ought not have exercised the jurisdiction under Section 4(H) of the Bihar Land Disputes Resolution Act, 2009 ( for short ‘Act’). According to him, the authority under the Act cannot direct for measurement of land, particularly, when there is a Title Suit pending between the parties relating to the land in question. In this connection, he relies on Section 4 (5) of the Act. Learned counsel for the State, on the other hand, contended that the Act itself provides a remedy of filing appeal under Section 14 thereof. On going through the pleadings on record and after hearing the parties, it appears an application on behalf of respondent nos. 5 to 7 was filed before the authority under the Act for demarcation of their land. The authority issued notice and after affording opportunity of hearing to both the parties passed an order whereby an order for measurement of the land in dispute was ordered. The authority, under the Act, observed in the order that there is a Title Suit pending between the parties and there is serious dispute relating to title of the land in question. It further appears that the Act itself provides a remedy. This Court, in the particular facts of the case, is not inclined to exercise its extraordinary and discretionary writ jurisdiction in the matter. Petitioners can avail the said remedy by assailing the order before the appellate forum created under the Act. Learned counsel for the petitioners contended that operation of the order may be stayed till the appeal is filed by the petitioners. Learned counsel for the State, on the other hand, contended that the petitioners have a remedy of approaching the said appellate forum for grant of interim relief as well. Having heard the parties and on perusal of the materials on record, this Court is satisfied that the present application be disposed of in the following manner:- (i) The petitioners are at liberty to assail the impugned order as contained in Annexure-7 before the appellate authority/ forum created under the Act under Section 14 thereof. Let such appeal, if any, be filed within 04 weeks from today. (ii) For four (04) weeks from today, the operation of the order as contained in Annexure-7 shall remain stayed, if not already given effect to. (iii) The petitioners would be at liberty to seek interim relief from the appellate forum thereafter in accordance with law. Sym ( Kishore K. Mandal, J.)