Apurva Awas Yojna Pvt. Ltd. And ANR v. Arjun Prasad Singh And ORS

Patna High Court C.Misc. No.1470 of 2016 (2) dt.22-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1470 of 2016 ====================================================== Apurva Awas Yojna Pvt. Ltd. & Anr .... .... Petitioner/s

Versus

Arjun Prasad Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Jitendra Kumar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 22-12-2016 Heard the learned counsel, Mr. V.K.Sharma for the petitioners and the learned counsel, Mr. Vijay Kumar Sinha for the respondents.

After some argument, the learned counsel, Mr. Sharma for the petitioners submitted that the petitioners apprehends the bias mind of the court because of passing of some judicial order and the District Judge also in the impugned order dated 22.08.2016 refused to transfer the case because of the fact that some judicial order has been passed by the trial court affecting the interest of the petitioner, therefore, he seeks permission to withdraw this civil miscellaneous application with liberty to challenge the judicial order in question by filing appropriate proceeding.

The learned counsel for the respondents has got no objection.

Patna High Court C.Misc. No.1470 of 2016 (2) dt.22-12-2016 Accordingly, this civil miscellaneous application is permitted to be withdrawn and the petitioner is permitted to challenge the alleged judicial order on the basis of which he moved transfer petition.

Thus, this civil miscellaneous application is dismissed as withdrawn with aforesaid liberty.

(Mungeshwar Sahoo, J) Saurabh/- U