Albela Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2178 of 2018 ====================================================== Albela Yadav Son of late Ghar Bharan Yadav, Resident of Village-Fatehpur, Police Station Daraunda, District Siwan.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The District Magistrate, Siwan.

3.

The Additional Collector, Siwan.

4.

The Deputy Collector, Land Reforms, Maharajganj, District Siwan. 5.

The Circle Officer, Daraunda, District Siwan. 6.

Shiv Shankar Yadav Son of Dhanpat Yadav, Resident of Village-Fatehpur, Police Station Daraunda, District Siwan.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ravindra Nath Dubey, Advocate For the Respondent/s :

Mr. Rishi Raj Sinha- SC19 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-03-2023 Heard learned counsel for the parties.

In the instant application, the petitioner has prayed for the following relief(s):

"That this application is being filed for issuance of writ/writs, order/orders, direction/directions to the respondents for quashing the last part of the order dated 23.9.2017 passed by the Respondent No.3 in Jamabanmdi Cancellation Case No. 50/2015-16 by which Respondent No.3 directed the Circle Officer, Daraunda to send the file in the light of the order passed by the Deputy Collector, Land Reforms, Maharajganj and confirmed by the Commissioner, Saran without giving any reference regarding the B.L.T. Case No.228/16 pending before the Bihar Land Tribunal,

Patna High Court CWJC No.2178 of 2018(3) dt.13-03-2023 2/2 Patna and without any reason after rejecting the application filed by the Respondent No. 4 in a very casual manner he passed the last portion of the order which is apparently illegal and without jurisdiction and further for any other relief/reliefs for which the petitioner is found entitled to in the facts and circumstances of the case."

It is submitted by learned counsel for the petitioner that during pendency of the instant application, final order has been passed in B.L.T. Case no.228 of 2016 by the learned Tribunal. As such, he seeks permission to withdraw the instant application to challenge the final order passed in the aforesaid B.L.T. case in accordance with law.

Without entering into the merits of the case, the instant application is disposed of as withdrawn with the aforesaid liberty.

(Partha Sarthy, J) Saurabh/- U