IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4729 of 2005 1. Shambhu Prasad Gupta. 2. Rajendra Prasad Gupta. Both sons of Sri Janak Prasad, resident of Mohalla-Ujjain Tola, P.O. & P.S.-Bettiah, District-West Champaran. ……..Petitioners. Versus 1. The State of Bihar. 2. The Commissioner, Tirhut Division, Muzaffarpur. 3. The District Magistrate-cum-Collector, West Champaran. 4. The Sub-Divisional Officer, Bettiah Sadar, District-West Champaran. 5. The Deputy Collector, Land Reforms, Bettiah, District-West Champaran. 6. The Anchal Adhikari, Bettiah, Anchal-Bettiah, District-West Champaran. 7. The Deputy Development Commissioner-Cum-Chief Executive Officer, Zila Parishad, West Champaran. ……….Respondents. ----------- 8/ 03.02.2010 Heard counsel for the petitioners, State and the counsel representing District Board, Bettiah. Petitioners have filed this application for quashing of order 01.04.2005 passed by the Deputy Collector Land Reforms, Bettiah, West Champaran in Miscellaneous Case No. 24 of 2004-2005, whereby the order dated 20.03.1996 passed by Anchal Adhikari, Bettiah in Mutation Case No. 587 of 1995-96, has been set aside. The dispute relates in respect of the area of 16 dhoors of land of Plot No. 7731 situated in Ujjain Tola at Bettiah. Petitioners are claiming the land on the basis of some settlement made by the Manager of the Bettiah Raj, which became the property of the joint family and, subsequently, on the date of vesting of the Jamindari, since the petitioners’ family was in possession, the Jamindar filed 2 return in the name of Bachcha Sah, ancestor of the petitioners. However, the Land Encroachment Case No. 15/1996-97 was initiated against the petitioners in which the orders were passed against the petitioners by the Collector, Bettiah. Against that order, petitioners preferred an appeal before the Commissioner, Tirhut Division, Muzaffarpur, vide case No. 12 (encroachment)/97-98 and the Commissioner, Tirhut Division, Muzaffarpur, by order dated 06.11.2001 set aside the order passed by the Collector, West Champaran, Bettiah, with a finding that there is no evidence of encroachment, on perusal of the documents, evidence and deeds submitted by the parties. Order passed by the Commissioner was challenged by the District Board, Bettiah, in C.W.J.C. No. 6757 of 2002 which was dismissed vide order dated 17.09.2002, the finding was that the Deputy Development Commissioner who has filed the writ application has no competence for challenging the order passed by the Commissioner, who is superior in the hierarchy. This order was further challenged in L.P.A. No. 705 of 2003. The L.P.A. was also dismissed by order dated 03.12.2003 since a civil suit had already been filed by the petitioners and that was pending before the civil court, the L.P.A was dismissed with a finding that the District Board may make itself impleaded as respondent in the civil suit and the entire matter will be thrashed out on the basis of the 3 evidence adduced by the parties. The trial court was also directed to consider the application of the District Board, for addition of party. The District Board was also given liberty to challenge the injunction order passed in favour of the plaintiffs (petitioners) after being added as a party. Despite the order passed by the L.P.A. Bench the Executive Officer, Zila Parishad, West Champaran, challenged the mutation order passed in favour of the petitioners with respect to same land, as the land in question had been mutated in favour of the petitioners, by the order of the Circle Officer. The Miscellaneous case preferred by the Executive Officer, District Board, vide Case No. 24 of 2004-05, was allowed and the order of mutation, passed by the Circle Officer in favour of the petitioners, was set aside, which is under challenge in the present writ application. This matter is being disposed of without going into the merit of the case, considering the finding recorded by the L.P.A. Bench, as the questions which are being raised before the court, are questions of facts. The L.P.A. Bench had already recorded a finding that all connected matters relating to title, possession or the encroachment by the petitioner can be finally decided only, when the parties will lead their evidence before the civil court, Whatever be the finding of the civil court, in the pending civil suit, accordingly the Revenue Court shall proceed in the matter. The order passed in favour 4 of the petitioners, so far mutation is concerned, will remain intact. However, the parties are directed to maintain status quo, so far the physical feature of the land in question is concerned, as existing today, till final disposal of the civil suit. Sanjeet/ (Mridula Mishra, J.)