1. This petition under Article 227 of the Constitution of India has been preferred against the order dated 27.6.1998 as contained in Annexure-3 passed by the Sub Divisional Magistrate, Saharsa in Misc. Case No. 149/1998 and also the order dated 20.1.2000 (Annexure-4) passed by the 3rd Additional Sessions Judge, Saharsa in Cr. Revision No. 534 of 1998. The grievance of the petitioner is that the whole matter is in seisin of the civil court. There is no jurisdiction of the Executive Court to enter into any dispute regarding the measurement of the plot of land. Admittedly the petitioner alongwith others had filed Title Suit No. 35/1990 in the court of Munsif, Saharsa with a relief for declaration of their title over Plot No. 7369 measuring 1 Katha 10 Dhoors. The defendant of the suit contested and asserted that the disputed plot does not measure 1 Katha 10 Dhoors rather it measured 1 Katha 14 Dhoors. A pleader commissioner was appointed during the course of trial of the suit and on the basis of such Advocate Commissioners report and also by considering the case of both the parties the suit was decreed. Then an appeal was preferred by the defendant in Title Appeal No. 2 of 1996