IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.434 of 2009 ACHHELAL SHARMA, S/O Sri Jhagaru Sharma, R/O Village, Sheikhpura, P.S- Barharia, District-Siwan…………Appellant/Petitioner Versus 1. THE STATE OF BIHAR 2. The District Magistrate-cum-Collector, Siwan, Distt-Siwan. 3. The Additional Collector, Land Reforms, Siwan, Distt-Siwan. 4. The Deputy Collector, Land Reforms, Siwan, Distt-Siwan. 5. The Circle Officer, Baraharia, Distt-Siwan. 6. Shri Kanhaiya Sharma, S/o Bhadai Sharma, R/o Village-Sheikhpura, P.S- Barharia, Distt-Siwan 7. Sri Ram Sakal Sharma, S/o Shyam Lal Sharma, R/o Village-Sheikhpura, P.S.Barharia, Distt-Siwan. …………Respondents/Respondents. ----------- 3. 9-Jul-09 Heard learned counsel for the appellant and learned counsel for the State. On behalf of appellant reliance has been placed upon order of the Additional Collector, Siwan dated 17.10.2001 contained in Annexure-1 to the memorandum of appeal to submit that on account of long possession of the appellant the Additional Collector directed for realizing rent from the appellant in respect of a part of Plot No. 1254, Khata No.143 of village- Sheikhpura although according to Khatian the land is recorded as gair-majarua, aam raasta. The writ Court has refused to 2 interfere in the matter after noticing the nature of the land which indicates use of general public over the same. So far finality of the order contained in Annexure-1 is concerned, it may be binding between the appellant who was petitioner therein and two individuals, Kanhaiya Sharma and Ram Sakal Sharma who were made opposite parties but it can not affect adversely the right of the general public in gair-majarua, aam raasta land. On the basis of materials on record it will not be proper to enter into question of possession and title in exercise of writ jurisdiction. Even if the plea of the appellant be correct that he has been in possession over land for a long period, in case his title or possession is threatened the only proper course for him would be to approach the Civil Court for protection of his interest in accordance with law. If the matter goes to the Civil Court, in that case, observations made in 3 the order under appeal will not affect the right or interest of any of the parties. The appeal is disposed of with the aforesaid observations. perwez (Shiva Kirti Singh, ACJ.) (Anjana Prakash,J.)