IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18681 of 2009 1. SHYAM LAL SINGH S/O MUKHLAL SINGH R/O VILL KHAIRI, P.S. KOCHAS, DISTT-ROHTAS(SASARAM) 2. SATENDRA SINGH S/O BACHHULAL SINGH R/O VILL KHAIRI, P.S. KOCHAS, DISTT-ROHTAS(SASARAM) 3. KAMLESH SINGH S/O BRIJLAL SINGH R/O VILL KHAIRI, P.S. KOCHAS, DISTT-ROHTAS(SASARAM) Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR /DISTRICT MAGISTRATE ROHTAS SASARAM 3. THE DEPUTY COLLECTOR , LAND REFORMS ROHTAS 4. THE CIRCLE OFFICER KOCHAS, ROHTAS 5. RAM AWADHESH SINGH S/O JAY NARAYAN SINGH R/O VILL CHHITAN DIHRA, P.S.KOCHAS, DISTT-ROHTAS AT SASARAM 6. UPENDRA SINGH S/O JAY NARAYAN SINGH R/O VILL CHHITAN DIHRA, P.S.KOCHAS, DISTT-ROHTAS AT SASARAM 7. INDRAKALO DEVI W/O RAM ASHRAY RAM R/O KARMCHHATA, P.S.KOCHAS, DISTT-ROHTAS ----------- 3. 18.1.2010. Heard learned counsel for the petitioners and the State. Petitioners are aggrieved by the order Annexures 1, 2 and 3 whereunder mutation has been allowed in favour of the private respondents on the basis of a will of Jagdip Ram which has not been probated and yet has been taken into account by the revenue officials for grant of mutation. It is submitted by the counsel for the State that petitioners are also claiming title over the land in question on the basis of a subsequent will executed by Jagdip Ram, which has not been probated. As the two wills have not been probated, I am not inclined to - 2 - N.H./ interfere with the orders refusing to grant mutation in favour of the petitioners. Petitioners are at liberty to approach the Civil Court for declaration of their title over the lands in question. The writ application is, accordingly, disposed of. ( V.N. Sinha,J.)