IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.14548 OF 2010 1. ANIRUDH PRASAD CHOUDHRY, SON OF LATE BHUWNESHWAR CHOUDHRY 2. BINOD KUMAR CHOUDHRY, SON OF LATE BHUWANESHWAR CHOUDHRY BOTH RESIDENT OF ALIGANJ BANKA WARD NO. 3/10, BANKA NAGAR PANCHAYAT, POLICE STATION, POST OFFICE AND DISTRICT BANKA 3. SANTOSH KUMAR SINGH, SON OF SHRI SATYADEO SINGH, RESIDENT OF MOHALLA NEHRU COLONY, BANKA, POST OFFICE, POLICE STATION AND DISTRICT BANKA 4. AJIT YADAV, SON OF SHRI HUBLAL YADAV, RESIDENT OF VILLAGE KADRAPDHAR, POLICE STATION DAKAMORE, POST OFFICE AND POLICE STATION BANKA, DISTRICT BANKA 5. RAJ KUMAR CHOUDHRY, SON OF SHRI THAKUR PRASAD CHOUDHRY, RESIDENT OF MOHALLA NEHRU COLONY BANKA, POST OFFICE, POLICE STATION AND DISTRICT BANKA …………………………………………………………………………PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR, BANKA 3. THE D.C.L.R., BANKA 4. THE CIRCLE OFFICER, BANKA CIRCLE, DISTRICT BANKA 5. RAJ KUMAR CHOUDHRY, SON OF SHRI RAM CHANDRA CHOUDHRY 6. RAJESH KUMAR CHOUDHRY, SON OF SHRI RAM CHANDRA CHOUDHRY 7. MUKESH KUMAR CHOUDHRY, SON OF SHRI RAM CHANDRA CHOUDHRY 8. JYOTI DEVI, WIFE OF BISHAMBHAR CHOUDHRY 9. PUSHPA CHOUDHRY, WIFE OF YOGENDRA CHOUDHRY BOTH RESIDENT OF MOHALLA ALIGANJ BANKA WARD NO. 3/10, BANKA NAGAR PANCHAYAT, POLICE STATION, POST OFFICE AND DISTRICT BANKA ………………………………………………………………………….RESPONDENTS ****** 3 08/09/2010 Learned Counsel for the petitioners is aggrieved by the fact that the Land Reforms Deputy Collector, Banka has discussed the title of the parties in the order dated 21.07.2010 and remanded the matter back to the Circle Officer. It is not in dispute that in a mutation case, title 2 of the parties cannot be decided or adjudicated, nevertheless, the Officers concerned may discuss and examine the stand of the respective parties with respect to their title. The order passed by the Land Reforms Deputy Collector remanding the matter to the Circle Officer after discussing the respective claims of the parties cannot be faulted on this ground. The Circle Officer will consider the application for mutation, obviously, such application has to be considered on the basis of the documents or judgments and orders passed by a competent Court. It is also made clear that the concerned authorities will not declare the title of one or the other party unless, it has been declared by a competent Civil Court. I, therefore, see no reason to interfere with the orders passed by the Land Reforms Deputy Collector. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )