Basant Kumar Choudhary And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.907 of 2016 ====================================================== Basant Kumar Choudhary & Anr .... .... Appellant/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

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

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 01-09-2016 During the course of hearing of this appeal, learned Counsel for the appellants, submits that while passing the order, dated 01.03.2016 in C.W.J.C. No. 4243 of 2013, the learned single Judge has not taken into account the fact that the appellant herein, who were writ petitioners in the writ petition, have already been declared owner of the land in dispute in Second Appeal No. 55 of 2007. Now the appellants wish to move application for review of the order on the ground that the decree granted in the second appeal has not been considered, while passing the order under appeal. Learned Counsel for the appellants, therefore, seeks leave of this Court to withdraw this appeal with liberty to file review application.

None has appeared on behalf of the respondents.

Patna High Court LPA No.907 of 2016 (2) dt.01-09-2016 2/2 In view of the above and in the interest of justice, this appeal is disposed of with liberty granted to the appellants to apply for review as has been sought for.

(I.A. Ansari, CJ) (Chakradhari Sharan Singh, J) sunil/- U