IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11732 of 2002 RAJENDRA PRASAD KESHRI & ORS Versus THE STATE OF BIHAR & ORS ----------- 5. 5.5.2009 Heard Counsel for the petitioners and Counsel for the State. A dispute of the present nature, as to whether the steps taken by the Tekari municipality in raising certain constructions/shops is unauthorized because it has been sought to be raised on the land of the petitioners or is within the jurisdiction of the municipality because of its being constructed on the own land of the municipality cannot be gone into in the limited jurisdiction under Article 226 and 227 of the Constitution of India. This Court may not allow its writ jurisdiction to become a jurisdiction for declaration of title and possession. The petitioners ought to have approached the civil court by seeking declaration of their right, title and possession as also permanent injunction wherein the parties would have proved their case with the help of evidence. Counsel for the petitioners would then submit that there are provisions in the Municipal Act itself where a person aggrieved can approach the Municipal Authorities by raising objection to certain constructions being made. If that is so, this court would not come in the way of the petitioners to avail that remedy but it is made clear that remedy for the petitioners, in case they are interested in getting their right, title and 2 possession declared in the land in question, will be only before the Civil court. With the aforementioned observations, this application is disposed of. The interim orders passed earlier by this Court is also vacated. Narendra/ ( Mihir Kumar Jha, J. )