Laxmi Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11144 of 2017 ====================================================== Laxmi Sah Son of Late Mahendra Sah, Resident of VillageP.O.- Murtujapur, Police Station- Jandaha, District- Vaishali.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Member Board of Revenue, Bihar, Patna.

3.

The Collector, Vaishali at Hajipur.

4.

The Additional Collector, Vaishali at Hajipur. 5.

The Land Reforms Deputy Collector, Vaishali at Hajipur. 6.

Bindeshwar Sah, Son of Late Ram Narayan Sah, 7.

Bal Kishore Sah, Son of Late Ram Narayan Sah, 8.

Kamlesh Sah, Son of Late Ram Narayan Sah, 9.

Babloo, Son of Late Jagdish Sah, 10.

Dabloo, Son of Late Jagdish Sah, All residents of VillageP.O.- Murtujapur, Police Station- Jandaha, District- Vaishali.

11.

Baijnath Sah, 12.

Dilip Kumar, Both Sons of Late Mahendra Sah, Resident of VillageP.O.- Murtujapur, Police Station- Jandaha, District- Vaishali. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prafull Chandra Jha, Adv.

For the Respondent/s :

Mr.Md.Khurshid Alam-AAG12 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 28-04-2025 Heard the parties.

2. The writ petition has been filed for:- "setting aside the order dated 30.09.1992/01.10.1992 passed by the member Board of Revenue, Bihar, Patna in Case No.

331 of 1989 (arising against the order dated 08.06.1989 passed by Addl. Collector, Vaishali

Patna High Court CWJC No.11144 of 2017(2) dt.28-04-2025 2/2 in Case No. 27/84-85/3/89-90 whereby and where under the Member Board of Revenue, Bihar, Patna was pleased to dismiss the petition stating in his order that " The Additional Collector's impugned order setting aside the D.C.L.R.'s order and allowing the pre-emption calls for no interference".

ii) For all consequential relief/reliefs for which the petitioner is found entitled in course of hearing of this writ application."

3. Learned counsel for the petitioner, at the outset, submits that he may be permitted to withdraw the writ petition with liberty to raise all the points before appropriate authority.

4. Learned State counsel submits that the said liberty is always available to the petitioner.

5. The writ petition is dismissed as withdrawn. (Rajiv Roy, J) perwez U