IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.778 of 2010 SHYAM NARAYAN MAHATO S/O LATE TEKA MAHATO R/O VILL.- JAWAHIRPUR, P.S. & ANCHAL- LAURIA, DISTT.- WEST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR WEST CHAMPARAN AT BETTIAH 3. THE DEPUTY COLLECTOR LAND REFORMS, NARKATIAGANJ, DISTT.- WEST CHAMPARAN 4. THE ANCHAL ADHIKARI LAURIA, DISTT.- WEST CHAMPARAN 5. SATRUDHAN TIWARI S/O LATE UGAM TIWARI R/O VILL.- JAWAHIRPUR, P.S. & ANCHAL- LAURIA, DISTT.- WEST CHAMPARAN 6. SUBODH TIWARI S/O LATE UGAM TIWARI R/O VILL.- JAWAHIRPUR, P.S. & ANCHAL- LAURIA, DISTT.- WEST CHAMPARAN 7. BHARAT TIWARI S/O LATE UGAR TIWARI R/O VILL.- JAWAHIRPUR, P.S. & ANCHAL- LAURIA, DISTT.- WEST CHAMPARAN 8. JAY PRAKASH TIWARI S/O LATE RAMDEO TIWARI R/O VILL.- JAWAHIRPUR, P.S. & ANCHAL- LAURIA, DISTT.- WEST CHAMPARAN ----------- 2. 18.1.2010. Heard learned counsel for the petitioner and the State. Counsel for the petitioner is aggrieved by the orders contained in Annexures 3, 2 and 1 whereunder the mutation of the lands in question was allowed in favour of the private respondents 5 to 8 on the basis of the sale deed executed by Indrasan Mahto and Timal Mahto, but according to the petitioner herein the vendors of the sale deed did not have any title over the lands in question and when such submission was made before the revenue authorities, the Collector, West Champaran under orders dated 17.8.2009 (Annexure-1) observed that Indrasan Mahto and Timal Mahto had 1/3rd share in the - 2 - N.H./ lands in question and this writ application has been filed to correct the aforesaid observation made by the Collector. Having heard counsel for the petitioner and the State, I am of the view that the contention raised in this application can be better appreciated by the Civil Court in a properly constituted suit between the petitioner and the vendor/vendee of the sale deed in question and the finding recorded in the three orders will be subject to the result of the said title suit. The writ application is, accordingly, disposed of. ( V.N. Sinha,J.)