IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6305 of 2006 SRI MUKTESHWAR PRASAD SINHA, SON OF LATE SHYAMDEO NARAYAN, RESIDENT OF VILLAGE AND P.O. SHEKHOPUR, P.S. DESARI, DISTRICT VAISHALI ----- PETITIONER Versus 1. THE STATE OF BIHAR 2. COLLECTOR, VAISHALI AT HAJIPUR 3. THE COLLECTOR-CUM-CHAIRMAN, FISHERIES FARMER DEVELOPMENT AGENCIES, VAISHALI AT HAJIPUR 4. DISTRICT FISHERIES DEVELOPMENT OFFICER-CUM-CHIEF EXECUTIVE OFFICER, FISHERIES FARMER DEVELOPMENT AGENCIES, VAISHALI AT HAJIPUR 5. THE ADDITIONAL COLLECTOR-CUM-VICE CHAIRMAN, FISHERIES FARMER DEVELOPMENT AGENCIES, VAISHALI AT HAJIPUR 6. THE CIRCLE OFFICER SAHDAI BUZURG P.O. AND P.S. SAHDAI, DISTRICT VAISHALI 7. MAHENDRA SAHNI, SON OF FUDDI SAHNI, MANTRI, SAHDAI BUZURG, BLOCK FISHERIES FARMER-CO-OPERATIVE SOCIETY LIMITED, VILLAGE AND POST SHEKHOPUR, P.S. DESARI, DISTRICT VAISHALI 8. SHIV CHARAN SAHNI, SON OF LATE MAHABIR SAHANI, CHIEF EXECUTIVE, SAHDAI BUZURG, FISHERIES FARMER SELF CONTAINDED (SWABLAMBI), CO- OPERATIVE SOCIETY LIMITED, VILLAGE, POST AND P.S. SAHDAI BUZURG, DISTRICT VAISHALI. ----- RESPONDENTS ----------- 3 25.8.2010 The petitioner had filed a Title Suit numbered as 40 of 1983 for declaration of his title and confirmation of his possession over C.S. Khata No. 62, C.S. Plot No. 344 (new) 541 area 1 Bigha, 12 Kathas and 3 Dhurs as well as a suit for grant permanent injunction. The suit was dismissed. The petitioner thereafter filed a Title Appeal No. 51 of 1995 which has been allowed in his favour and an order of permanent injunction has been passed against the defendant State of Bihar declaring the right, title and interest of the petitioner restraining the defendant from settling the pond to any person or party. A counter affidavit has been filed on behalf of the State in which it has been stated that all Sairats had vested in the 2 State of Bihar under the provisions of Land Reforms Act. The stand on behalf of the State should have been argued and pressed in the appeal. Once the Civil Court has decreed in favour of the petitioner, the State cannot come up with a plea to justify their actions and act contrary to the order passed by a competent Civil Court. The counter affidavit indicates that a second appeal has been drafted. It does not however, indicate whether the second appeal was ever filed in this Court or not. This Court on perusal of the writ application and the counter affidavit finds that the State cannot make any settlement to any third party of the lands situated on KhataNo. 62 Plot No. 644 area 1 Bigha, 12 Kathas and 3 Dhurs unless the judgment and order passed in Title Appeal No. 51 of 1995 is set aside by a competent Court. This writ application is allowed in the terms aforesaid. Sanjay ( Sheema Ali Khan, J.)