IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8044 of 2010 1. AJAY KUMAR S/O BHAGWAT PRASAD PROPRIETOR OF M/S AJAY & BROTHERS, BINDHYAWASINI MARKET, MOH-GARHPAR, TOWN &P.S.BIHAR, DISTT-NALANDA AT BIHARSHARIF 2. VIJAY KUMAR S/O BHAGWAT PRASAD PROPRIETOR OF M/S AJAY & BROTHERS, BINDHYAWASINI MARKET, MOH-GARHPAR, TOWN &P.S.BIHAR, DISTT-NALANDA AT BIHARSHARIF – Petitioners. Versus 1. THE STATE OF BIHAR 2. THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT GOVT. OF BIHAR, PATNA 3. THE DISTRICT MAGISTRATE NALANDA AT BIHARSHARIF 4. THE TOWN COMMISSIONER BIHAR SHRIF NAGAR NIGAM, NALANDA 5. MANOJ KUMAR S/O RAMNANDAN PRASAD R/O VILL MALAWAN,P.S.SARMERA, DISTT- NALANDA AT PRESENT RESIDING BINDHYAWASINI MARKET, MOH-GARHPAR, TOWN &P.S. BIHAR, DISTT-NALANDA AT BIHARSHARIF 6. PRANAY PRABHAKAR S/O RAMNANDAN PRASAD R/O VILL MALAWAN, P.S.SARMERA, DISTT- NALANDA AT PRESENT RESIDING BINDHYAWAASINI MARKET, MOH-GARHPAR, TOWN & P.S.BIHAR, DISTT-NALANDA AT BIHAR SHARIF – Respondents. 2 23.6.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners claim that they have purchased part of the land on 31.10.2007 whereas the respondents claim that they have purchased the land from Maya Devi on 3.10.2007. The respondents have filed an eviction suit against the petitioners. By the impugned order, the Town Commissioner, Nagar Nigam, Nalanda has permitted the mutation of the name of the respondents. Since the question of possession would be decided and the question of title would also be considered incidentally by the eviction court, I do not think it proper at this stage to interfere with the order passed in Case No. 36/M/2008 with respect to Holding No. 1031 in Ward No. 26 (new), (14 old). Obviously any order passed in the mutation proceeding would be subject to the result of the pending eviction and the title suit. This writ petition is, thus, disposed of. haque (Sheema Ali Khan, J.)