IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6832 of 2010 1. SILVESTER TIGGA @ SILVESTER TIRQUI S/O MARSHAL TIGGA R/O IMALIA, TOLA RAMPUR, ANCHAL MANATAND, P.S. BAHNGHA, DISTT.- WEST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR WEST CHAMPARAN, BETTIAH 3. THE DEPUTY COLLECTOR, LAND REFORMS NARKATIYAGANJ, DISTT.- WEST CHAMPARAN, BETTIAH 4. THE CIRCLE OFFICER MANATAND, DISTT.- WEST CHAMPARAN 5. BALMAN TIGGA @ KUSUM DEVI W/O KAILASH SAH R/O VILL.- DOMWALIA TOLA, P.O. RAMPUR, ANCHAL- MAINATAD, DISTT.- WEST CHAMPARAN ----------- 2. 26.04.2010. Heard learned counsel for the petitioner and the State. 2. Petitioner is aggrieved by the order dated 15.6.2009 passed by the Collector, West Champaran, Bettiah in Case No. 132/2005-06, Annexure-4, whereunder learned Collector has set aside the order dated 29.7.2005 passed by the Deputy Collector, Land Reforms, Narkatiyaganj in Case No. 07/2005-06 (Annexure-3) affirming the order dated 17.10.1998 passed by the Circle Officer, Mainatand in Case No. 270 of 1998, whereunder the Circle Officer had transferred the Jamabandi of the lands in-question from the name of Bernadat Tigga in the name of the petitioner after the death of Bernadat Tigga. 3. It is submitted on behalf of the petitioner that Bernadat Tigga died issueless and after her death petitioner is in possession of the lands in-question and as petitioner is in possession of the lands in- question he applied for transfer of Jamabandi of the lands in-question and in appreciation of the fact that petitioner is in possession of the lands in-question the Circle Officer passed orders for transfer of the Jamabandi of the lands in-question in his favour which was also approved by the Deputy Collector Land Reforms but the learned - 2 - Collector without appreciating the actual possession of the petitioner over the lands in-question set aside the aforesaid two order under order dated 15.6.2009, Annexure-4. 4. I have perused the order dated 15.6.2009, Annexure-4 but therefrom it does not appear that any direction has been issued to create the Jamabandi of the lands in-question in favour of Private Respondent No. 5. In the circumstances, I dispose of the writ application with liberty to the petitioner to file a suit for declaration of his title over the lands in-question and if his possession over the lands in-question is disturbed by Balman Tina Tigga or any other person then petitioner is at liberty to apply for grant of interim injunction before the competent Civil Court. The findings recorded in the order dated 15.6.2009 by the Collector, West Champaran shall be subject to the result of the Title Suit filed by the petitioner. P.K.P. (V.N.Sinha,J.)