IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.2913 of 2006 1. ABDUL SATTAR SON OF LATE S.A. GAFFAR. 2. ABDUL AZIZ SON OF LATE ABDUL MAJEED 3. SYED WALI AHMAD SON OF LATE SYED SAMI AHMAD 4. SYED KHALID ZAFAR SON OF LATE S.A. WADOOD ALL RESIDENT OF VILLAGE THAKURI CHAK, P.S., BARAUNI, P.O. GARHARA, DISTRICT BEGUSARAI. .. PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. COMMISSIONER MUNGER DIVISION, MUNGER. 3. THE COLLECTOR, BEGUSARAI 4. ADDITIONAL COLLECTOR, BEGUSARAI. 5. THE DEPUTY COLLECTOR LAND REFORMS, BEGUSARAI. 6. THE ANCHAL ADHIKARI, BARAUNI BEGUSARAI 7. ABUL KALAM SON OF MD. YUSUF, RESIDENT OF VILLAGE THAKURI CHAK, P.S. BARAUNI P.S. GARHARA, DISTRICT BEGUSARAI. .. RESPONDENTS. ----------- 3. 14.2.2011 Heard learned counsel for the petitioners. None appears for the State. 2. Petitioners are the descendants of the ex- landlord. They have filed this writ petition questioning the correctness of the order dated 2.11.1999 passed by Collector, Begusarai in Miscellaneous Case No. 15 of 1997, whereunder direction has been issued to cancel the jamabandi of the lands in question made in favour of the petitioners and thereafter to dispossess them from the 2 lands in question. Petitioners assailed the order dated 2.11.1999 before this Court by filing C.W.J.C. No. 11246 of 1999 which was disposed of under orders dated 29.11.2001 directing the petitioners to avail the remedy of appeal against the order dated 2.11.1999. Before the order dated 29.11.2001, Annexure-9/1 could be passed by this Court the D.C.L.R., Begusarai in compliance of the order dated 2.11.1999 of Collector, Begusarai cancelled the jamabandi of the lands in question made in favour of the petitioners under orders dated 10.01.2001, Annexure-11. In compliance of the liberty granted by this Court under orders dated 29.11.2001 petitioners preferred Begusarai Encroachment Appeal no. 06 of 2001-2002 before the Divisional Commissioner, Munger who under orders dated 4.9.2003 observed that the cancellation of the jamabandi of the lands in question made in favour of the petitioners shall be subject to the result of Title Suit No.46 of 1998 pending in the court of Sub-judge, Ist Begusarai. By filing the writ petition, petitioners have assailed the order dated 4.9.2003, Annexure-10 passed by the Commissioner, Munger Division. 3. Having heard counsel for the petitioners, I am 3 of the view that the Commissioner, Munger Division has considered the submission raised in Encroachment Appeal no.06 of 2001-2002 in right perspective and having appreciated the contention of the parties has rightly observed that the cancellation of the jamabandi of the lands in question made in favour of the petitioners shall be subject to the result of Title Suit No. 46 of 1998. I do not see any illegality in such observation, the writ petition is, accordingly, disposed of however with observation that in the event State or any of the private parties attempt to dispossess the petitioners from the lands in question, it shall be open for the petitioners to approach the Subordinate Judge, Ist Begusarai, in Title Suit No. 46 of 1998 for grant of injunction. Ibrar/- ( V. N. Sinha, J.)