Umeshwar Dayal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.3 of 2020 In Civil Writ Jurisdiction Case No.19515 of 2015 ====================================================== Umeshwar Dayal, Son of Late Bishnu Dayal @ Late Vishnu Dayal resident of Village- Khaira, P.S.- Gaurichak, District- Patna. At present residing a Mohalla- Sarswati Nagar, Chas, P.S.- Chas, District- Bokaro (Jharkhand). ... ... Appellant/s

Versus

1.

The State of Bihar through the Secretary, Road Construction Department, Bihar, Patna.

2.

The District Magistrate, Patna.

3.

District Land Acquisition Officer, Patna.

4.

Bihar State Road Development Corporation Limited through its Managing Director, Head Quarter RCD- Mech. Work shop Sheikhpura Patna- 800014. 5.

The B. S. C. P. L. Infrastructure Limited Project Office Jalbigha Near Surya Mandir Punpun District- Patna through its Managing Director. 6.

The Chadha and Chadha Construction Daulatpur, N.H.- 30 Bakhtiyarpur, District- Patna through its Managing Director. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Bharat Lal, Advocate For the Respondent/s :

Mr. Rameshwar Roy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) Date : 17-11-2021 Heard learned counsel for the parties.

Admittedly, there is dispute of title for the ownership of the lands in question, the same cannot be decided in a writ jurisdiction.

Patna High Court L.P.A No.3 of 2020 dt.17-11-2021 2/2 Learned counsel for the appellant, after addressing the Court at some length, prays that he may be allowed to withdraw the appeal with liberty to approach the Civil Court for a decision regarding the ownership of the lands in question. In view of above, the Letters Patent Appeal stands disposed off as withdrawn with liberty aforesaid. Interlocutory Application(s), if any, stands disposed of. (Rajan Gupta, J) ( Mohit Kumar Shah, J) Anjani/- AFR/NAFR CAV DATE Uploading Date 20.11.2021 Transmission Date