IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1447 of 2007 1. Dr. M.A. Khalid Khair @ M.A. Khalid, s/o Md. Abdul Khair. 2. Bibi Kaishar Ahmad, wife of Maneeruddin Ahmad, 3. Bibi Sahida Haider, wife of Kalam Haider, 4. Bibi Nusawa Haque wife of Maqshood Haque, All resident of village/Mohalla- Nizward, P.S. Rampur, District- Gaya. ..... Petitioners. Versus 1. The State of Bihar, 2. Collector, Gaya, 3. The Superintendent of Survey, Gaya. 4. The Assistant Superintendent of Survey, Gaya. ..... Respondents. 5. Daya Chand Prasad, s/o Mukh Lal Ram, 6. Bijay Paswan, s/o Basudeo Dusadh, 7. Sita Ram Dusadh, s/o Budhan Dusadh, 8. Kailash Dusadh, s/o Sunder Dusadh, Respondents no.5 to 8 are resident of Mohalla- Mustafabad, Ward no.26, P.S. Rampur, District- Gaya. ..Applicant/Aappellants- Respondents. 9. Bibi Safida Khatoon, D/o Hafiz, resident of Mohalla- Niz Ward P.S. Rampur, District- Gaya. ....opp.party/opp. Party/..Respondents. ----------- 02- 12.1.2009 Heard Mr. Yogesh Chandra Verma for the petitioners, and Mr. Nirmal Kumar Sinha, learned junior counsel to Additional Advocate General No.2. It arises out of mutation proceedings and is with respect to plot nos.73, 74 and 75, appertaining to Khata no.1206, covering an area of 3.5 acres, situate at village- Katari under Tauzi No.4100/7, Thana no.182, district- Gaya. It 2 is directed against the order dated 24.11.2005 (Annexure-8), passed by the learned Survey Superintendent of Survey, Gaya in Appeal Case No.2081 of 2004 (Daya Chand Prasad and others Vs. Dr. M.A. Khalid and others), whereby he has allowed the appeal preferred by respondent nos.5 to 8, has set aside the order of the learned first authority, and directed for mutation of the land in question in favour of these respondents. 2. It appears to us on a perusal of the materials on record including the impugned order that it raises the question of title and possession which can appropriately be decided in a civil suit. The writ petition is dismissed with the liberty to the petitioners to institute a civil suit in a court of competent jurisdiction which, if preferred, shall be disposed of in accordance with law and after ignoring the findings of the mutation authorities. (S K Katriar, J.) S.K.Pathak/ 3