Bipin Bihari Dubey And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9114 of 2014 ======================================================
1. Bipin Bihari Dubey
2. Madan Prasad Dubey Both are sons of Late Radhe Krishna Dubey, resident of Village- Durgapur, P.S. Indrapuri, P.O. Nawadih, District - Rohtas, Sasaram .... .... Petitioner/s
Versus
1. The State of Bihar through Collector, Rohtas, Sasaram
2. Sub Divisional Officer, Rohtas, Sasaram
3. The Deputy Collector, Land Reforms, Rohtas, Sasaram
4. The Circle Officer, Sasaram, Rohtas
5. Sheonath Prajapati Son of Pancham Prajapati
6. Jitendra Prajapati Son of Sheonath Prajapati
7. Yogeshwar Kumhar Son of Rupchand Kumhar
8. Most. Kalawati Kuer Wife of Laxman Kumhar
9. Bhagwan Kumhar Son of Sohar Kumhar
10. Sudama Kumhar Son of Sri Shankar Kumhar
11. Om Prakash Kumhar Son of Shankar Kumhar
12. Dulari Devi Wife of Shankar Kumar Respondent Nos. 5 to 12 are residents of Mauza - Kanchanpur, P.O. & P.S. Sasaram, District - Rohtas ( Sasaram ), Bihar .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Radha Mohan Pandey, Advocate Mr.Chandra Shekhar Verma, Advocate For the Respondent Nos. 1 to 4 : Mr. Shashi Shekhar Pd.Sinha, AC to GA 6 For the Respondent Nos. 5 to 12: Mr.Birendra Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 20-10-2016 The learned counsel appearing on behalf of the petitioners, in presence of the learned counsel appearing on behalf of the respondents, submits that, during the pendency of the present writ petition, the petitioners have approached the civil court of competent jurisdiction by filing a civil suit for grant of appropriate relief(s) to them with respect to the lands in question; therefore, he seeks leave of this Court to withdraw the present writ petition with a liberty to raise all the issues of facts and law with respect to the lands in question in the aforesaid pending title suit.
Patna High Court CWJC No.9114 of 2014 (2) dt.20-10-2016 2/2 The learned counsel appearing on behalf of the respondents do not raise any objection to the aforesaid prayer made on behalf of the petitioners.
In above view of the matter, the present writ petition is disposed of as withdrawn with the liberty to both the parties to raise all the issues of facts and law, which may be available to them with respect to the lands in question in the aforesaid pending civil suit.
(Birendra Prasad Verma, J) Tahir/- U