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8. It is stated that at the instance of private respondent no.12, a Measurement Case No. 01/2023-2024 was initiated and in the said report, the Anchal Amin/Surveyor-Sabour has clearly shown Old Plot No. 266 in red color while New Plot No. 28, 29 and 30 in three different colours and it is stated that New Plot No. 28, 29 and 30 have been carved out from Old Plot No. 266. It is, thus, stated that the petitioners who had purchased the land in question from the legal heirs of Manorama Karn had been rightly put in possession of New Plot No. 28 and they were coming in peaceful possession of the property. At the same time, Patna High Court CR. WJC No.1571 of 2023 dt.15-01-2024 they had filed the title suit for an appropriate declaration in which an injunction had also been filed and the same was pending.

Case of the private respondents

11. A counter affidavit has been filed on behalf of the respondent no.12. It is the case of the private respondents that they initially entered into an agreement with respondent nos. 8 and 14 for purchase of land measuring area 12.5 decimal and accordingly purchased land appertaining to Khata No.407, Khesra No.28, Area 12.5 decimal vide a registered Sale Deed No.8414 dated 16.06.2022. Thereafter, they applied for mutation of land which was also allowed on 01.04.2023 and a Land Possession Certificate (in short 'LPC') has been issued in their favour. It is stated that when the petitioners created obstruction on the land in question to the private respondents, he filed an application before the S.H.O., Zero Mile, Bhagalpur whereafter the S.H.O. asked both the parties to appear in the Police Station Patna High Court CR. WJC No.1571 of 2023 dt.15-01-2024 on 15.04.2023 with their documents to substantiate their rights over the land in question. It is stated that the petitioners did not produce any document in support of the claim but produced only one petition of Title Suit No. 225 of 2020 and left the proceeding and thereafter they never turned up. The private respondents claim that when they went to their plot for putting a boundary, then the petitioners along with several other persons reached there and started creating nuisance whereafter he informed the S.H.O., Zero Mile for proper security. The private respondents were asked to take recourse for measurement of land whereafter respondent no.12 filed an application for measurement in question on 08.04.2023 and accordingly, Land Measurement Case No. 01 of 2023-2024 was initiated and a report was submitted by Anchal Amin. Annexure 'R12/4' is the copy of the report which has been filed by the respondents.

Patna High Court CR. WJC No.1571 of 2023 dt.15-01-2024 Consideration

20. Having heard learned counsel for the parties and on perusal of the records, this Court finds that while the petitioners are claiming that because of a mistake in their sale deeds, New Plot No.5 was mentioned in place of New Plot No.28, the respondent no.12 has brought on record Annexure 'R12/5' with his counter affidavit to show that in fact Plot Nos. 2, 5 and 28 were carved out under New Khata No. 407 and the khatiyani raiyat of this khata was Baldev Mandal, who was the vendor of Manorama Karn. There is another document on the record which is a report of Anchal Amin, according to which three plots i.e. Plot Nos. 28, 29 and 30 were created out of Old Plot No. 266. The petitioners have filed a title suit bearing No. 225 of 2020 in which these issues are being contested. This being the fact situation of the case, this Court is of the considered opinion that what was observed in paragraph '10' of its order dated 17.10.2023 is required to be followed and this Court would not go into the merit of the dispute between the parties.