IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7296 of 2000 RAM NARESH SINGH @ RAM NARESH Versus THE STATE OF BIHAR & ORS ----------- 03. 19.01.2009 Heard counsel for the parties. The challenge of the writ petitioner to the two impugned orders contained in Annexures-1 and 2, passed by the authorities of Bihar Municipal Survey Act, must fail only on the ground that issue inter party between the petitioner and the contesting respondent in fact had been gone into by a competent Civil Court as would be evidenced not only from the impugned orders but also from the documents brought on record by the private respondent No. 5 in his counter affidavit. In view of the determination made by the Civil Court, there was hardly any scope much less an option for the survey authorities but to record the name of respondent No. 5 in the records. That being so, the grievance of the petitioner either against the original order or the appellate order was/is only misconceived and has been rightly negative by both the two statutory authorities. Counsel for the petitioner next contended that whatever determination had been made by the Civil Court stands obliterated in a proceeding under Bihar Tenancy Act at the instance of respondent No. 5 who had - 2 - subsequently lost his claim before all the statutory authorities under B.T. Act. He had therefore submitted that the respondent No. 5 in view of the order passed under B.T. Act cannot claim a right for recording of his name in the survey records. Counsel for the respondent No. 5 however in this respect has produced an order of this Court dated 18.09.2008 passed in C.W.J.C. No. 1394 of 2004 wherein the issue has been answered in favour of respondent No. 5, subject to the result of this writ application. The result of this writ application is definitely against the petitioner and in favour of respondent No. 5 in view of the earlier inter-parte judgment of the Civil Court. That being so, this application is misconceived and is accordingly dismissed with an observation that the dismissal of this writ application however would not stand in the way of the petitioner to seek his remedy for any fresh cause of action before the appropriate Civil Court. Shageer (Mihir Kumar Jha, J)