IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8334 of 2009 Abdul Rub, son of Late Faturi Jat, village Singhia, PS Bisfi, Dist. Madhubani – petitioner. Vs. 1. The State of Bihar, 2. The Collector, Madhubani. 3. The Subdivisional Officer, Benipatti, Dist. Madhubani. 4. The Anchal Adhikari, Bisfi, PS Bisfi, Dist. Madhubani – respondents. 2 21.7.2009 This writ petition has been filed making a prayer that the lands which are the subject matter of T.S. No. 42/1998 should be de- listed from Sairat register as the petitioner’s title to the said land has been confirmed through a judgment and decree, dated 20.9.2000/23.9.2000. Maharaja Darbhanga settled the lands in question in favour of the petitioner’s father in the year 1931. Jamabandi was opened in the name of father of the petitioner and thereafter the petitioner has been paying rent to the State of Bihar. It appears that the lands which were the subject matter of the title suit were included in the Sairat register. The issues amongst others which were framed in Title Suit No. 42/98 were whether the petitioner had title to the lands in question and whether petitioner’s lands should be delisted from the Sairat register? On both issues the Munsif answered in favour of the petitioner. After the judgment and decree, the petitioner moved before the Subdivisional Officer, Benipatti making a prayer that since title and possession of the lands were declared in his favour by a competent court of civil jurisdiction, the lands should be delisted from the Sairat register. The Subdivisional Officer ordered an enquiry into 2 the matter and the Circle Officer after enquiry found that petitioner was in possession of the said lands and he had a bona fide right over the disputed land. The Subdivisional Officer on receipt of the enquiry report passed an order, dated 30.5.2005 in which it was said that the lands could be de-listed from the Sairat register. Having passed the order no further steps have been taken by the Subdivisional Officer. The Subdivisional Officer ought to have passed order or referred the matter to the competent department to take steps for delisting the lands from the Sairat register. I accordingly direct that the Subdivisional Officer, Benipatti may pass orders or send the matter to the competent authority for the purpose of delisting the petitioner’s lands from the Sairat register. The said recommendation should be made by the competent authority i.e. the Collector of the district or the authority in Fisheries Department along with a copy of the judgment of Munsif II, Madhubani and the report of the Circle officer. It is expected that the Collector or the Secretary of the department would take appropriate steps for delisting the lands of the petitioner appertaining to khesra no. 5796 in village Singha measuring 11 kathas 18 dhurs from the Sairat register within a period of six months. This writ petition is disposed of with the aforesaid directions. haque (Sheema Ali Khan, J.)