IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1290 of 2010 1. Vijaya Shankar Singh 2. Ajay Kumar Singh -Both sons of Bishwanath Singh 3. Gauri Shankar Singh, son of late Janardan Singh -all residents of Village Manjaura, PO Manjaura, PS Bihariganj, Distt. Madhepura .......... Appellants/Petitioners Versus 1. The State of Bihar 2. The Sub Divisional Magistrate cum Sub Divisional Officer, Udakishunganj at Udakishunganj, Distt. Madhepura 3. The Anchal Adhikari Bihariganj at Bihariganj, Distt. Madhepura 4. Smt. Shyama Devi, w/o Suresh Chandra Prasad Chaurasia, resident of Vill. Bihariganj, PS Bihariganj, Distt. Madhepura ...........Respondents –Respondents 2nd set ----------- 02- 12/7/2011 Heard Mr. Chandra Shekhar Prasad Singh for the appellants, and Mr. Sharda Nand Mishra for respondent no.4. This appeal under clause 10 of the Letters Patent of the High Court of Judicature of Patna has been preferred by the petitioners of CWJC no.1133 of 2003, and raise a grievance with respect to the order dated 28.6.2010, whereby the writ petition was dismissed, and it has been observed that it will be open to the writ petitioners to approach a civil court of competent jurisdiction. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears that the title of plot no.1446, of khata no.753, covering an area of 4 decimals is in question. The case of the appellants is that it was settled by the State of Bihar in favour of Dwarika Prasad Singh, the ancestor of the present appellants. On the other hand, the case of the 2 State of Bihar is that, it was althrough recorded in the service record as `Anabaad Bihar Sarkar’. In that view of the position, the State of Bihar settled it in favour of Shyama Devi. We entirely agree with the learned Single Judge that this raises issues of title and possession which cannot be decided on the basis of affidavits and substantive evidence is needed for adjudication in a civil court of competent jurisdiction. 3. This appeal is dismissed. ( S K Katriar ) ( Vikash Jain ) mrl