IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5150 of 2010 1. RAM RATI DEVI W/O LATE RAM BALAK CHAUHAN R/O VILL BUDHAUL TOLA JANGAL BELDARI, P.S.NAWADA, DISTT-NAWADAH 2. RAJ KISHORE PRASAD CHAUHAN @ RAJ S/O LATE RAM BALAK CHAUHAN R/O VILL BUDHAUL TOLA JANGAL BELDARI, P.S.NAWADA, DISTT-NAWADAH Versus 1. THE STATE OF BIHAR 2. COLLECTOR NAWADAH 3. ADDITIONAL COLLECTOR NAWADAH 4. DEPUTY COLLECTOR LAND REFORMS NAWADAH 5. CIRCLE OFFICER NAWADAH 6. SMT. SARO DEVI W/O BRAHAMDEO PRASAD R/O MOH MANGAR BIGHA, P.S. NAWADAH, DISTT-NAWADAH ----------- 03. 29.03.2010 Heard learned counsel for the petitioners and the State. 2. Petitioners are the purchaser of the lands in question from the decree holder of Partition Suit No.27 of 78/118 of 1973. They are aggrieved by the order of the Circle Officer, Nawada whereunder he has reviewed the order mutating the lands in question in favaour of petitioners, which has also been affirmed by the Deputy Collector, Land Reforms and the Additional Collector, Nawada. 2. It is submitted on behalf of the petitioners that right from the day of purchase till date they are in possession of the lands in question but ignoring their title and possession conveyed through the sale deed, the impugned orders have been passed in favour of private respondent no.6, which is wholly without jurisdiction as Additional Collector, Nawada does not have any jurisdiction in the light of the provisions of Section-16 of the Bihar Tenants Holdings(Maintenance of Records) Act, 1973. 3. I see substance in the submission made by the learned counsel for the petitioner but before I proceed to set aside the order, it may be necessary to notice the private respondent no.6, which is likely - 2 - to take some time. In the circumstances, I deem it appropriate to direct the petitioners to file civil suit before the competent civil court for declaration of their title and possession over the lands in question on the basis of the sale deed executed in their favour. In the event, during the pendency of the title suit if possession of the petitioners over the lands in question is threatened, they are at liberty to approach the court below for grant of injunction. 4. With the observation aforesaid this writ application is disposed of. Rajesh/ (V.N.Sinha, J.)