IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17208 of 2009 RAM KRIPAL SHARMA S/O LATE SATYA NARAYAN SHARMA R/O MOHALLA WHITE HOUSE, NEAR SURVEY OFFICE, P.S. RAMPUR, DISTT-GAYA----PETITIONER. Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, GAYA 3. THE SUB- DIVISIONAL OFFICER, SADAR, GAYA 4. THE CIRCLE OFFICER, TOWN GAYA----RESPONDENT 1ST SET. 5. URMILA DEVI @URMILA KUMARI W/O SRI AJIT KUMAR R/O MOH LALGANJ, P.S.CHANDOSI, DISTT-GAYA 6. SUDHA MISHRA W/O NAVIN KUMAR MISHRA R/O MOH LALGANJ, DHELHA TEKARI ROAD, P.S. DHELA, DISTT-GAYA 7. KIRAN DEVI W/O KUMAR KAUSHALENDRA PRASAD R/O MOH RAM SAGAR TALAB(DAKHIN), P.S.CIVIL LINE, DISTT-GAYA---RESPONDENT 2ND SET. 8. SUDARSHAN SINGH S/O JAGDEO SINGH R/O MOH WHITE HOUSE, NEAR SURVEY OFFICE, P.S. RAMPUR, DISTT-GAYA 9. VIJAY SINGH S/O JAGDEO SINGH R/O MOH WHITE HOUSE, NEAR SURVEY OFFICE, P.S. RAMPUR, DISTT-GAYA 10. KAUSHAL SINGH S/O LATE RAM PRAVESH SINGH R/O MOH WHITE HOUSE, NEAR SURVEY OFFICE, P.S. RAMPUR, DISTT-GAYA 11. MUNNA SHARMA S/O GOPAL SHARMA R/O MOH WHITE HOUSE, NEAR SURVEY OFFICE, P.S. RAMPUR, DISTT-GAYA 12. MANTU SHARMA S/O LATE SUDARSHAN SHARMA R/O MOH WHITE HOUSE, NEAR SURVEY OFFICE, P.S. RAMPUR, DISTT-GAYA---RESPONDENT 3RD SET ----------- 02. 10.12.2009 Heard learned counsel for the petitioner and the State. 2. Learned counsel for the petitioner states that under order dated 26.8.2009 passed in Misc. Case No.08 of 2009, Annexure-1, the Sub-Divisional Officer, Sadar Gaya has declared the right title interest and possession of private respondent nos.5 to 7 over an area of 14 decimals bearing plot nos.4823 and 4824 on the basis of which boundary wall was also raised and according to the petitioner the Sub-Divisional Officer has no jurisdiction in the matter, the findings recorded should be subject to the result of Title Suit No.362 of 2009 pending in the court of Sub-Judge, Gaya, which has been filed by the petitioner 2 against private respondent nos.5 to 7 claiming right title interest and possession in the aforesaid land being the ancestral property of the petitioner. 3. Having heard counsel for the parties, I dispose of this writ application with observation that the boundary wall raised on the plot in question on the basis of the findings recorded under order dated 26.8.2009, Annexure-1 with the assistance of the police shall be subject to the result of Title Suit No.362 of 2009 and petitioner is at liberty to request the trial court to consider his case for grant of mandatory injunction demolishing the boundary wall during the pendency of the aforesaid title suit. Rajesh/ ( V. N. Sinha, J.)