IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6741 of 2010 1. BIRENDRA MISSIR S/O LATE BIND BASNI MISSIR R/O VILL.- MAJHAUWA P.O.- BANKATWA, P.S.- CHAUTARWA, ANCHAL BAGHA-I, DISTT.- WEST CHAMPARAN Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR WEST CHAMPARAN, BETTIAH, WEST CHAMPARAN 3. THE ADDL. COLLECTOR, BETTIAH, WEST CHAMPARAN 4. LAND REFORMS DY. COLLECTOR, WEST CHAMPARAN, BETTIAH 5. ANCHAL ADHIKARI, ANCHA-I BAGHA WEST CHAMPARAN 6. ASHARFI SAH S/O LATE GOPI SAH R/O VILL.- MAJHAUWA, P.O. BIBI BANKATWA, P.S. CHAUTARWA, DISTT.- WEST CHAMPARAN 7. SHANKAR SAH S/O LATE GOPI SAH R/O VILL.- MAJHAUWA, P.O. BIBI BANKATWA, P.S. CHAUTARWA, DISTT.- WEST CHAMPARAN 8. KHAJANCHI SAH S/O LATE GOPI SAH R/O VILL.- MAJHAUWA, P.O. BIBI BANKATWA, P.S. CHAUTARWA, DISTT.- WEST CHAMPARAN 9. HIRA SAH S/O LATE GOPI SAH R/O VILL.- MAJHAUWA, P.O. BIBI BANKATWA, P.S. CHAUTARWA, DISTT.- WEST CHAMPARAN 10. JAI KISHUN SAH S/O LATE GOPI SAH R/O VILL.- MAJHAUWA, P.O. BIBI BANKATWA, P.S. CHAUTARWA, DISTT.- WEST CHAMPARAN 02/ 22.04.2010 Heard learned counsel for the petitioner and the State. Petitioner is the raiyat of the lands in question detailed in paragraphs 4,5 of the writ petition, which has also been reported to by the Revenue Authorities, as would appear from the Privileged Persons Homestead Tenancy Case No. 49 of 2002-03. Later, he sold an area of 0.19 decimals of the aforesaid lands to Nasir Alam, son of Md. Wazid, bearing plot nos. 393, 51 appertaining to Khata No. 25, but the vendee is not being mutated as from the order dated 24.1.1961, passed in Rent Fixation Case No. 167 of 1960-61, Annexure-4, it appears that the lands in question are mutated in favour of Gopi Sah, father of the private respondents. It is submitted on behalf of the petitioner that there appears - 2 - to be some interpolation in the records maintained in connection with Rent Fixation Case No. 167 of 1960-61, as the order dated 24.1.1961 does not tally with the form M, which was issued in the light of the order dated 24.1.1961 passed in the Rent Fixation Case. The form is contained in Annexure-3 to this application. It is further submitted on behalf of the petitioner that vendee has been put in possession of the lands in question. As the petitioner and his vendee are in possession of the lands in question, I dispose of the writ application permitting them to file a civil suit for declaration of their title over the lands in question and for not giving effect to the interpolation made in the revenue records relating to Rent Fixation Case No. 167 of 1960-61. Arjun/ (V.N. Sinha, J.)