IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12012 of 2010 KAMLESH PRASAD SINGH S/O LATE BIKRAMADITYA SINGH R/O VILLAGE AND P.O.- MAHE, P.S.- SINGHIA, DISTT.- SAMASTIPUR Versus 1. MAHANT BISHWAJEET DAS CHELA OF LATE MAHANT INDRAJEET DAS (ORIGINAL DEFENDANT NO.1) R/O VILL.- JAGDISHPUR, KHARSAR TOLE KOELAKUND, P.S. KALYANPUR, P.O.- HAYAGHAT, DISTT.- SAMASTIPUR, SHEBAIT, MANAGER AND MAHANT OF KOELAKUND ASTHAL 2. SHREE SITARAMJEE, PRESIDING DIETIES INSTALLED IN THE ASTHAN AT VILL.- JAGDISHPUR KHARSAR, TOLE KOELAKUND, P.S. KALYANPUR, DISTT.- SAMASTIPUR THROUGH SHEBAIT MANAGER AND MAHANT BISHWAJEET DAS, R/O VILL.- JAGDISHPUR KHARSAR TOLE, KOELAKUND, P.S. KALYANPUR, P.O. HAYAGHAT, DISTT.- SAMASTIPUR 3. SHIBESHWAR DAS CHELA OF LATE MAHANT SHREE NARAIN DAS R/O VILL.- KHARSAR TOLE, KOELAKUND, P.S. KALYANPUR, P.O. HAYAGHAT, DISTT.- SAMASTIPUR 4. LALITESHWAR SINGH S/O LATE BIKRAMADITYA SINGH R/O VILLAGE AND P.O.- MAHE, P.S. SINGHIA, DISTT.- SAMASTIPUR ----------- 02. 05.05.2011 After hearing learned counsel for the petitioner, it is seen that trial-court has held that the suit is not maintainable as the proceeding between the parties have become final in the Bihar Tenancy Act. The learned counsel for the petitioner relied on a Full Bench decision that jurisdiction of Civil Court is not barred to decide title afresh even if the correctness of the entry in the right of record has been upheld in the Bihar Tenancy Act in Nand Kumar Roy V. State of Bihar reported in 1994 Patna page-164. 2 From the perusal of the provisions under the amended provisions of tenancy act, there is no provision barring the jurisdiction of the Civil Court for declaration of title suit in respect of the agricultural land. Thus, the order impugned is set aside. The trial- court is directed to decide the preliminary issue first in the light of observation made above after hearing both the parties on the said issue. Mkr. ( Prakash Chandra Verma, J. )