IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.572 OF 2009 MD.FAHID MIAN, SON OF LATE BITO MIAN, RESIDENT OF VILLAGE QUTUBPUR, POLICE STATION MUFASSIL, DISTRICT KHAGARIA ………………………PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR –CUM- DISTRICT MAGISTRATE, KHAGARIA 3. THE ADDITIONAL COLLECTOR, KHAGARIA 4. THE SUB DIVISIONAL OFFICER, KHAGARIA 5. THE CIRCLE OFFICER, KHAGARIA BLOCK, KHAGARIA 6. THE SUPERINTENDENT OF POLICE, KHAGARIA 7. THE CIRCLE INSPECTOR, KHAGARIA BLOCK, KHAGARIA 8. THE ANCHAL AMIN, KHAGARIA BLOCK, KHAGARIA 9. THE OFFICER-IN-CHARGE, KHAGARIA MUFASSIL POLICE STATION, KHAGARIA 10. THE LAND ACQUISITION OFFICER, KHAGARIA 11. MUNNA MIAN, SON OF SULTAN MIAN 12. AMZAD MIAN, SON OF MUNNA MIAN 13. SARSIYA MIAN, SON OF MUNNA MIAN 14. RAHMAT MIAN, SON OF MUNNA MIAN 15. BHULLA MIAN, SON OF MUNNA MIAN 16. SAMSIT MIAN, SON OF MUNNA MIAN 17. ASRUN KHATOON, WIFE OF MUNNA MIAN 11 TO 17 ARE RESIDENT OF VILLAGE QUTUBPUR, POLICE STATION MUFASSIL, DISTRICT KHAGARIA …………………………………………………..RESPONDENTS ********** 3 21/11/2011 The petitioner’s claim that he is the owner of C.S. Khata No. 42, plot no. 107 in mouza Qutubpur measuring 1 katha 7 dhurs. Apparently, a proceeding under Section 107 of the Code of Criminal Procedure was instituted by the petitioner in which respondents 11 to 17 were parties. It is the claim of the petitioner that during the pendency of 107 proceedings, the respondents were evicted from the house and the petitioner was put in 2 possession. Later, on the application of the respondents, the Magistrate and the Police Party came to the house of the petitioner and ousted him sometime in the year 2008. The petitioner filed a representation as contained in Annexure-4 before the District Magistrate, Khagaria to consider under which circumstances the petitioner was ousted from his house by the then Magistrate and the Police Party. This Court cannot pass any positive orders in the facts of this case as the matter cannot be decided under Article 226 of the Constitution of India. The petitioner would be at liberty to pursue his representation before the District Magistrate, Khagaria, if so advised. This writ application is disposed of with the aforesaid observations. Anand ( Sheema Ali Khan, J.)