IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.330 of 2008 SHANTI DEVI Versus THE STATE OF BIHAR & ORS ----------- 3. 14.5.2008 Having heard learned counsel for the appellant, we are satisfied that the impugned order does not call for any interference. The dispute is as to whether the construction of the house made by the appellant is on plot owned by him . The appellant is owner of plot No. 366(P). As per respondent no.5, the construction has been raised by the appellant on plot no.361,362 and part of 369 over which admittedly the appellant has no claim. Such serious disputed question of facts cannot be gone into in extraordinary jurisdiction. However, we clarify that this will not preclude the appellant in establishing her claim with regard to the construction raised on plot no.366 (P) by seeking remedy under ordinary civil jurisdiction. If that is done, we observe that the Civil Court shall not be influenced by any observation made by the learned Single Judge in the impugned order. With the aforesaid observation, the appeal is dismissed in limine. For a period of three weeks, demolition on the subject plot shall not take place. HR/BTiwary/ ( R. M. Lodha, CJ ) ( C. K. Prasad, J )