IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14644 of 2010 1. Sheo Bachan Singh S/O Late Basgit Singh R/O Vill.- Baruna, P.S.- Bihiyan, Distt.- Bhojpur…… ….Petitioner Versus 1. The State Of Bihar 2. The Commissioner, Patna Division, Patna 3. The Collector, Bhojpur (Arrah) 4. The D.C.L.R., Jagdishpur, Distt.- Bhojpur 5. The Circle Officer, Bihiyan, Distt.- Bhojpur 6. Arun Kumar Jaiswal S/O Late Kamla Prasad R/O Muhalla- Raja Bazar, P.O. And P.S.- Bihiyan, Distt.- Bhojpur 7. Anant Kumar Jaiswal S/O Late Kamla Prasad R/O Muhalla- Raja Bazar, P.O. And P.S.- Bihiyan, Distt.- Bhojpur 8. Basant Kumar Jaiswal S/O Late Kamla Prasad R/O Muhalla- Raja Bazar, P.O. And P.S.- Bihiyan, Distt.- Bhojpur 9. Nirmal Kumar Jaiswal S/O Late Kamla Prasad R/O Muhalla- Raja Bazar, P.O. And P.S.- Bihiyan, Distt.- Bhojpur 10. Pankaj Kumar Jaiswal S/O Late Kamla Prasad R/O Muhalla- Raja Bazar, P.O. And P.S.- Bihiyan, Distt.- Bhojpur.. ….Respondents ----------- For the Petitioner : Mr. Rajendra Narayan, Mr. Sunil Kumar Yadav, Advocates For the State : Mr. Dhananjay Kumar, A.C to G.P.16 For Respondent Nos. 6 to 10 : Mr. Kamal Nayan Choubey, Sr. Advocate M/s Ambuj Naryan Chaubey, Ashok Kumar Garg, Siddharatha Harsh, Yogendra Kr. Dwivedi, Advocates …………… 5 16.08.2011 Heard learned counsel for the petitioner, State and Respondent Nos. 6 to 10. Petitioner challenges the orders dated 29.10.2002, 29.8.2006 and 22.7.2008, passed by the D.C.L.R., Jagdishpur, the Collector, Bhojpur, and the Commissioner, Patna Division, in case No.7(A)/02/03, 2 Revision No.44/2002-03 and Appeal No.282/2006, as contained in Annexures 2, 4 and 5 respectively. The case of the petitioner is that vide order as contained in Annexure 1 passed in Jamabandi Correction Case No.15/80-81, the Jamabandi was obtained in the name of his father with respect to 10 decimals of land in issue fully described in paragraph no.6 of this application, in the year 1981 itself. However, it has been urged that after twenty years of passing of the aforesaid order, the D.C.L.R., Jagadishpur, has set aside the same vide Annexure-2 passed on 29.10.2002 in Revenue Miscellaneous Case No.7A/02-03 and the Jamabandi granted by the earlier order was cancelled. The aforesaid order was affirmed by the Collector, Bhojpur in Revision. No. 44/02/03, whereas, the Divisional Commissioner, Patna has held that the appeal before it was not maintainable. Vide order dated 03.09.2010 of this Court, the operation of the impugned orders as contained in Annexure 2 and 4 were stayed during the pendency of this writ application. However, Respondent Nos. 6 to 10 have appeared and filed a petition for vacating the stay 3 order. However, the matter has been heard finally and is being disposed of at this stage with the consent of the parties. A stand has been taken in I.A. No. 4910 of 2011 filed by the contesting private respondents nos. 6 to 10 that petitioner has already filed a Title Suit No. 12 of 2003 for declaration of his right, title and interest upon the land in dispute which is pending in the court of IIIrd Munsif, Ara and also that the earlier order creating Jamabandi was obtained by the petitioner by practicing fraud in collusion with the then Circle Officer for which a first information report has also been lodged against him registered as Bihiya Police Station Case No. 08 of 2003 dated 23.01.2003. However, it is a common ground that the question of tile can only be decided by the civil court of competent jurisdiction. In above view of the matter, this writ application is being disposed of without going into the merit of the case of the parties with observation that in view of the admitted fact that a title suit is pending in the 4 court of IIIrd Munsif, Ara with regard to the lands in dispute, the impugned orders shall be subject to the result of the title suit concerned. The interim relief granted by earlier orders stands vacated in view of the final disposal of this case as above. Sanjay-II ( Dr. Ravi Ranjan, J.)