Ashok Kumar v. Bihar State Sunni Wakf Board And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Revision No.128 of 2014 ====================================================== Ashok Kumar .... .... Petitioner/s

Versus

Bihar State Sunni Wakf Board & Anr.

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 18-04-2016 Heard Mr. Ashok Kumar Mishra, learned Counsel for the petitioner.

This revision application has been filed against the final order passed by the Waqf Tribunal in Title Eviction Suit No. 95 of 2009. It has been the stand and submission of the learned Counsel for the petitioner that though the petitioner appeared in the aforesaid proceeding before the Tribunal, but later on the proceeding stood dismissed for default and thereafter no notice was ever issued before restoration of the matter and passing the impugned order of eviction against him. The averment in this regard has been made in para 12 and 13 of the petition. However, after some argument the learned Counsel for the petitioner, in view of the provisions as contained in Section 83(5) of the Waqf Tribunal Act, 1995, has prayed to withdraw this revision application with liberty to the petitioner to pursue the remedy against the impugned judgment and order of eviction available to the petitioner in accordance with law.

Mr. Anish Akhtar, learned Counsel who has appeared on

Patna High Court C.R. No.128 of 2014 (13) dt.18-04-2016 behalf of the Opposite parties has raised no objection to the prayer. As such, the revision application is dismissed as withdrawn as prayed with liberty to the petitioner to pursue the remedy against the impugned judgment and order which may be available to him in accordance with law.

(V. Nath, J.) Snkumar/- U