IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12203 of 2007 1. Ramjee Mahto Son of Late Babu Lal Mahto 2. Bhuneshwar Mahto 3. Rameshwar Mahto Both sons of Late Mushsharu Mahto All resident of village Sahuria (Taraha) P.O.Sugma P.S. Banma Itahari (Salakhua) Dist. Saharsa --- Petitioners Versus 1. THE STATE OF BIHAR through Secretary, Government of Bihar in the Department of Revenue and Land Reforms, Bihar, Patna 2. The Settlement Officer, Saharsa 3. Revenue Officer, Saharsa 4. Assistant Settlement Officer, Saharsa 5. Abdul Razaq 6. Md Harul Both sons of Md Mohiuddin and resident of village Saharia P.O.Sugma P.S. Banma Itahari Salakhua Dist. Saharsa .. Respondents ----------- 3 27.2.2009 Heard learned counsel for the petitioners, and learned Assistant counsel to learned Additional Advocate General no.4, for the respondents. This writ petition is directed against the order dated 26.7.2007 (Annexure 2), passed by the learned Settlement Officer, Saharsa, in Case no.3/2003 (Mouza Sahuriya Anchal Salakhua vs. Abdul Razak), whereby the application filed by the present petitioners has been rejected. Learned Government counsel raises a preliminary objection as to the maintainability of the writ petition and submits that it is appelable under section 109(A) of the Bihar Tenancy Act, 1885. Learned counsel for the petitioners submits in reply that the appellate forum has not been constituted by the State Government. This writ petition is disposed of with the liberty to the petitioners to move the civil court of competent jurisdiction for - 2 - adjudication of their right, title and interest. It goes without saying that the orders of the review authority are subject to adjudication by the civil court. The writ petition is accordingly disposed of. shahid (S.K.Katriar, J)