IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15542 of 2009 1. RAM SARAN DAS, 2. Shiv Shankar Das, Both are sons of late Barahan Das @ Barahan Mochi, residents of Village- Mirdahachak, P.S.- Bakhtiyarpur, District- Patna (Bihar).:--- Petitioners. Versus 1. THE STATE OF BIHAR 2. The Collector of the District (D.M.), Patna. 3. The Additional Collector (Land & Revenue), Patna. 4. The Anchala Adhikari, Bakhtiyarpur, District- Patna. ----------- 2. 17.11.2009. Heard learned counsel for the petitioners and the State. 2. Petitioners claim themselves to be the settlee of 8 ½ out of 0.12 decimals of lands in Plot No. 174 appertaining to Khata No. 43 of Village Mirdahachak, P.S.- Bakhtiyarpur in the district of Patna. The said plot in the Khatiyan is recorded as Gairmajarua Aam/ditch and claim of the petitioners is through ex-landlord on the basis of an unregistered Hukumnama, copy whereof is contained in Annexure-2 to this application, receipts granted by the ex-landlord and after vesting of the estate by the State of Bihar. Later the villagers raised a grievance that the ditch/lands of the aforesaid plot is althrough being used by them as a reservoir for draining out the water from the village and is wrongly been claimed by the petitioners through their father as their settled land from ex-intermediary. The matter was enquired into by the Circle Officer who under order dated 11.08.2009 passed in Misc. Case No. 07/2009-10, Annexure-5 series found that Holding No. 43 was included in the Jamabandi of the father of the petitioners by committing fraud. Such finding has been categorically recorded in the order dated 11.08.2009. In the circumstances, I am not inclined to interfere in the matter and if the petitioners are aggrieved by such - 2 - finding, they are at liberty to approach the Civil Court. While arguing this matter, learned counsel for the petitioners relied on the orders of this Court dated 18.01.1995 passed in C.W.J.C. No. 650 of 1994, whereunder this Court set aside the order dated 08.12.1993 cancelling the Jamabandi of Smt. Shakuntala Devi. In the case which was considered under order dated 18.01.1995 there was no allegation that the forgery was committed but in the present case when the allegation is that the petitioners and their father got the plot included in their Jamabandi by committing fraud, I am not inclined to interfere in the matter. 3. The writ application is, accordingly, dismissed. P.K.P. (V.N.Sinha,J.)