IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9049 of 2000 HAKIM SHAH & ANR Versus THE STATE OF BIHAR & ORS ----------- 9. 12.8.2008. Heard learned counsel for the petitioners, State as also the counsel for private Respondent Nos. 7 to 10. 2. Petitioners are the settlees of 3 Katha 5 Dhurs of land in Plot No. 136 appertaining to Khata No. 166 of Village Parna, P.S.- Nimachandpur within the District of Begusarai. They are aggrieved by the order dated 10.5.2000 passed by the Additional Collector in Miscellaneous Case No. 11 of 1995-96, Annexure-10 whereunder the said Miscellaneous case has been closed without protecting their interest over the aforesaid lands. 3. It is submitted on behalf of the petitioners that as they were found in possession of the lands in question during a proceeding taken in the year 1977-78 they were directed to pay rent of the lands in question with effect from 1962-63. Later 1 Katha 10 Dhurs of land in the same plot was settled with the private respondents under Settlement case No.1 of 1983-84 and with reference to the said settlement private Respondents are trying to encroach over the lands which is in possession of the petitioners. 4. Counsel for private Respondents has opposed the prayer and submitted that 1 Katha 10 Dhurs of Plot No. 136 of Village Parna was settled with the private Respondents as they were also found in possession of the lands in question and they are paying rent with effect from 1954-55 which fact is also evident from the report bearing letter - 2 - No. 1048 dated 22.7.1996, Annexure-4. 5. Having heard counsel for the parties as also having perused the report dated 22.7.1996, Annexure-4, I am of the view that 3 Katha 5 Dhurs of Plot No. 136 is in possession of the petitioners for which they are paying rent since 1962-63 and 1 Katha 10 Dhurs of land of the same plot was settled in favour of private Respondents in the year 1984 and they began to pay rent from the year 1985-86 of course with effect from 1954-55. It is thus evident that private Respondents began to pay the rent of the lands in question much after the petitioners. In the circumstances, I am of the opinion that private Respondents should not interfere with the possession of the petitioner over his 3 Katha 5 Dhurs of land in plot No. 136 until Civil Court of competent jurisdiction decides the title and possession of the parties, as such, this writ application is disposed of with observations and directions that until Civil Court of competent jurisdiction rules otherwise petitioners’ possession over 3 Katha 5 Dhurs of land in Plot No. 136 be not disturbed by the private Respondents. Private Respondents shall continue with the possession of the lands which were settled with them in the year 1983-84. Rajesh/ (V.N.Sinha,J.)