IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8356 of 2011 1. Dayachand Sah, son of late Ram Prasad Sao, resident of Mohalla-Lal Bag, P.S. Sheikhpura, District- Sheikhpura. 2. Chandra Shekhar Prasad, son of Sri Kishori Ram, resident of Mahadeo Nagar, P.S. Sheikhpura, District- Sheikhpura. 3. Jago Ram, son of late Chatu Ram, resident of Mahadeo Nagar, P.S. Sheikhpura, District- Sheikhpura. 4. Pawan Sao, son of Sri Krishna Sao, resident of Mahadeo Nagar, P.S. Sheikhpura, District-Sheikhpura. 5. Mohan Yadav, son of late Dhanik Yadav, resident of Mahadeo Nagar, P.S. Sheikhpura, District-Sheikhpura. 6. Jawahar Tanti, son of late Jagdeb Tanti, resident of Mahadeo Nagar, P.S. Sheikhpura, District- Sheikhpura. 7. Shankar Yadav, son of Sri Deoki Yadav, resident of Mahadeo Nagar, P.S. Sheikhpura, District- Sheikhpura. 8. Ram Jatan Yadav, son of Laxam Yadav, resident of Mahadeo Nagar, P.S. Sheikhpura, District- Sheikhpura. 9. Sita Ram Sao, son of late Bhola Sao, resident of Mahadeo Nagar, P.S. Sheikhpura, District Sheikhpura. 10. Umesh Ram, son of Indo Ram, resident of Mahadeo Nagar, P.S. Sheikhpura, District- Sheikhpura ----- Petitioners. Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The District Magistrate, Sheikhpura, District- Sheikhpura. 3. The District Development Commissioner, District Sheikhpura at Sheikhpura. 4. The Sub-Divisional Officer, Sheikhpura, District- Sheikhpura. 5. The Circle Officer, Sheikhpura, Town and District- Sheikhpura. 6. Sri Prasad Yadav, son of Deoki Yadav, resident of Mahadeo Nagar, P.S. Sheikhpura, District- Sheikhpura. 7. Mahanath Sagar Das, alleged Chela of late Mahanath Mani Ram Das, resident of Chakdewan, P.S. Sheikhpura, District- Sheikhpura ----- Respondents. --------- 2. 16.5.2011 Heard Mr. Anish Chandra Sinha for the 2 petitioners, and Mr. Ashok Kumar Keshri, learned Additional Advocate General No.11. The writ petition in substance seeks a declaration about the public character of Arghauti Pokhar, as Gairmajarua ‘Aam’, used by the public in general of Mouza Budhauli, bearing Khesra No.909, Khata No.89, over 5 acres, 94 decimals, in the district of Sheikhpura. We have perused the materials on record and considered the submissions of the learned counsel for the parties. The petitioners claim that the said Arghauti Pokhar is Gairmajarua Aam property and is being used by public at large whereas respondent no.7 claims it to be his personal property. It appears to us from the statements made in the writ petition that proceedings under section 145 of the Code of Criminal Procedure was decided with respect to the property in question, and is now the subject matter of Criminal Misc. no. 11847 of 2006, perhaps converted into Criminal Revision No. 248 of 2011, and is pending in this Court. Secondly, respondent no.7 has instituted a suit bearing Title Suit No.10 of 1994, before the civil court at Sheikhpura which, according to the petitioners has been dismissed for non-prosecution. It appears to us from the 3 unilateral version of the petitioners that it raises issues of title which this Court finds it difficult to examine within the narrow confines of writ jurisdiction. The writ petition is disposed of to enable the petitioners to ventilate their grievances before the appropriate forum. The writ petition is accordingly disposed of. Vinay/ ( S. K. Katriar,J. ) ( S. P. Singh, J.)