IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.414 of 2007 HARI NANDAN SINGH & ANR Versus STATE OF BIHAR & ANR ----------- 8/ 27.08.2008 Appellants Hari Nandan Singh and Brij Nandan Singh who were plaintiffs in Title Suit No. 54 of 2007 pending before Sub-Judge-I, Sitamarhi, have been refused injunction when they filed petition under Order 39 Rule 1 of the CPC., praying therein to restrain the State of Bihar from digging and making any construction in respect of some lands which were claimed to have been purchased by them long back. But, those lands floated beneath the river of Bagmati. Heard learned counsel for the appellant and G.A. II Sri Anil Kumar Jha for the State. Having heard the parties, going through the impugned order and considering the materials on the record, I do not find any justification for interference in the impugned order. However, it is made clear that the State of Bihar and the appellants if so like may file a petition before the court below for appointment of a Survey Knowing Pleader Commissioner and also an Amin to represent the interest of the State of Bihar under their joint surveillance, the land in question as also the land of State of Bihar be demarcated for which the proper map should be furnished on behalf of the State of Bihar in the trial court and the trial court will accordingly pass an order, if it so finds restraining the State of Bihar from interfering in the possession of the plaintiffs’ land. For - 2 - the present, the operation of the State of Bihar in respect of digging or constructing any pond shall not be disturbed. With the aforementioned directions and observations, this Misc. Appeal is dismissed. Sanjeet (Subash Chandra Jha, J.)