IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10060 of 2009 Umesh Mandal, son of Late Natha Mandal, Mohalla Top Khana, Katghar, PS Kotwali Munger, Dist. Munger – Petitioner. Vs. 1) The State of Bihar through the Dist. Magistrate, Munger. 2) The Dist. Magistrate, Munger. 3) S.D.M., Sadar, Munger. 4) Anchal Adhikari, Sadar, Munger. 5) Vakil Yadav, son of Ramdhani Yadav, 6) Ramdhani Yadav, son of Jahuri Gope. 7) Ashok Yadav, son of Tanik Yadav, 8) Pramod Yadav, 9) Upendra Yadav, both sons of Lesho Yadav, residents of Topkhana Bazar, Katghar, PS Kotwali, Dist. Munger – Respondents. 6 2.12.2011 Heard learned counsel for the petitioner and counsel appearing on behalf of respondents 5 to 9. This writ petition has been filed for a direction to the respondents District Magistrate and the Subdivisional Magistrate to restore the possession of the petitioner with respect to holding no. 517, 136 and 138 and others out of plot no. 539 (ka), (kha), 540, 541 (ka), Kha), 542 (ka), (kha) and (Ga). The case of the petitioner is that the petitioner was in actual possession and has been paying rent and his name is entered in the records of right. Taking advantage of his absence, it is alleged that respondents 5 to 9 being anti social elements of the society, broke open the lock of the house, entered it and are now demanding Rs. 3 lacs for vacating the house. Respondents 5 to 9 have entered appearance and filed a counter affidavit in this case stating that the lands are their raiyati land registered in the name of their forefathers and that Jamabandi is already running in their name. 2 Considering the disputed question of title and possession in this case, obviously this writ court cannot pass any positive order in favour of one or the other party. Perhaps the only manner in which the either party can seek relief is to file a case under section 145 Cr.P.C. or a title suit for declaration of title and recovery of possession. This writ petition is, therefore, not maintainable under Article 226 of the Constitution of India in the facts aforesaid. It is dismissed as such. haque ( Sheema Ali Khan, J .)