IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.19713 of 2010 ABDUL RAZZAQUE QURAISHI S/O LATE SERAJUL HAQUE R/O VILL. & P.O. LAURIA, P.S. LAURIA, DIST. WEST CHAMPARAN, AT PRESENT MOHALLA- MARIPUR, P.S. KAZI MOHAMMADPUR, DIST. MUZAFFAPUR. . . --- PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE ADDITIONAL COLLECTOR, BETTIAH, WEST CHAMPARAN 3. THE DY. COLLECTOR INCHARGE LAND REFORMS, NARKATIYAGANJ, DIST. WEST CHAMPARAN. 4. ANCHALADHIKARI, LAURIA, DIST. WEST CHAMPARAN 5. SAMIUL HAQUE SON OF LATE ZAHURUL HAQUE R/O P.O AND P.S. LAURIA, DIST. WEST CHAMPARAN AT PRESENT JAJH MAU, KANPUR, P.S. CHAKAITI, KANPUR, UTTAR PRADESH. 6. AZIMUL HAQUE SON OF LATE ZAHURUL HAQUE R/O P.O. LAURIA, DIST. WEST CHAMPARAN. --- RESPONDENTS. For the petitioner : Mr. Deepak Kumar Singh, Advocate. For the State : Mr. Rajesh Kumar Verma, A.C. to S.C. No. XI. ----------- 02 10.12.2010 Petitioner assails the order dated 18.09.2010 passed in Rev. case no. 85 of 2009-10 by the respondent Additional Collector, whereby he has set aside the order dated 19.06.2007 passed in Misc. case no. 04 of 2006-07. This is what the petitioner has stated in paragraph no.8:- “8. That it is relevant to mention at this stage that the petitioner filed a suit being T.S. no. 212 of 2000 in the court of Munsif, Bettiah against Azizul Haque son of Late Zahurul Haque for declaration of right, title, interest and possession in respect of 49 decimal of plot no. 657 khata no. 161 which was decreed ex-parte by order dated 31.03.2003 which has been set aside and suit is pending. An application under order 1 Rule 10(2) Civil Procedure Code for adding the respondent no.5 as party in T.S.No. 212/2000 has been filed and is pending for disposal.” 2 Thus it appears from the pleadings that a suit is already pending at the instance of the petitioner relating to the land in question. In that view of the matter, this Court is not inclined to exercise its extraordinary writ jurisdiction in the matter. The title suit pending at the instance of the petitioner shall decide the right title and interest in respect of the land. The application is disposed of. Sym ( Kishore K. Mandal, J.)