IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7735 of 2008 1. CHANDRAMA RAI 2. Pursottam Rai, Sons of Late Anant Rai 3. Shiv Mangal Rai, 4. Nirala Prasad Rai, Sons of Late Gobind Rai 5. Nand Kumar Rai, 6. Akhilesh Rai, Sons of Late Kamlakant Rai, 7. Sachchidanand Rai, son of Late Shyamdeo Rai, All residents of village and P.O. Chandesh, P.S. Kurahani, Anchal-Nuaon, District- Kaimur at Bhabua. . . . . . . . Petitioners. Versus 1. THE STATE OF BIHAR 2. The District Collector, Kaimur at Bhabua, 3. The Sub-Divisional Officer, Mohania, District- Kaimur at Bhabua, 4. The Deputy Collector, Land Reforms, Mohania, District- Kaimur at Bhabua, 5. The Circle Officer, Nuaon, District- Kaimur at Bhabua. . . . . . . Respondents. ----------- 5/ 11.09.2009 Heard the learned counsel for the petitioners, learned counsel for the State and learned counsel for the intervener. Petitioners claim that they have right of irrigation from the water in plot no. 2781 which, according to the petitioners, is a Government land but in the nature of a Tank. Petitioners are aggrieved by settlement of 4 decimals of that plot to several persons. According to the petitioners, those persons, who have been settled with lands are not landless persons and since a large number of persons have been settled with the land, they have not been made party to this writ petition. The intervener is one of the landless persons, in whose favour the land has been settled. He has filed a counter affidavit - 2 - alleging that similar right has been claimed by some villagers including petitioner no.7 Sachchidanand Rai through a civil suit bearing Title suit no. 33 of 2008, which is pending before the learned Sub-Judge, Bhabua. In absence of all the persons, it would not be possible to adjudicate the claim of the writ petitioners. Further, the claim involves disputed questions of facts and apparently a Title suit has been filed by some of the aggrieved persons including petitioner no.7. In these circumstances, we do not find this writ petition fit to be entertained as Public Interest Litigation or even as an ordinary litigation for deciding the claims raised by the petitioners. Writ petition is therefore, dismissed. This order shall not prejudice the case of petitioners or other similarly situated persons in the suit pending before the Civil Court. Uday/ (Shiva Kirti Singh, J.) (Jyoti Saran, J.)