Ashok Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22395 of 2014 ====================================================== Ashok Kumar S/o. Achhe Lal Singh, resident of Village Samardah , P.O. Saharkola , P.S. Basantpur, District Siwan .... .... Petitioner/s

Versus

1. The State of Bihar

2. Additional Collector , Siwan At & P.O. Siwan

3. Arun Kumar @ Jai Kishor Yadav S/o. Suraj Prasad R/o. Village Murwar, P.O. Bagahi, P.S. Basantpur , District Siwan.

4. Surendra Prasad Yadav S/o Pankaj Yadav R/o. Village Kanhouli , P.O. Hussepur Nand , P.S. Basantpur , District Siwan

5. Amit Kumar

6. Chandan Kumar

7. Raju Kumar Respondent nos. 5 to 7 are minor sons of Dayashankar Sah @ Dayanand Sah (Father & Natural Guardian) Respondent Nos. 4 to 7 are residents of Village Samardah, P.O. Saharkola, P.S. Basantpur, District Siwan

8. Santosh Kumar S/o. Akshay Lal Sah

9. Arjun Kumar S/o. Chhote Lal Sah

10. Bablu Kumar Minor son of Chhote Lal Sah, represented through mother guardian Chinta Devi Respondent Nos. 8 to 10 are residents of Village Samardah , P.O. Saharkola , P.S. Basantpur , District Siwan .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dineshwar Mishra, Advocate Mr. Surendra Mishra, Advocate For the Respondent Nos. 1 & 2 : Mr. K.K.Sinha, AC to SC 10 CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 19-12-2016 Heard the learned counsel appearing on behalf of the petitioner and the learned AC to SC 10, appearing on behalf of the respondent nos. 1 and 2.

The petitioner is aggrieved by the order dated 27.06.2014 passed in Mutation Revision Case No. 26 of 2013-14 by the respondent Additional Collector, whereby aforesaid revision case filed on behalf of the petitioner has been dismissed for want of prosecution.

Though the learned counsel appearing on behalf of

Patna High Court CWJC No.22395 of 2014 (2) dt.19-12-2016 2/2 the petitioner has argued the matter for some time, but he has not been able to show that the petitioner filed any restoration petition seeking restoration of aforesaid mutation revision case after explaining the cause for non-appearance of the counsel for the petitioner on that particular date.

In above view of the matter, after some argument, the learned counsel for the petitioner seeks permission to withdraw the present writ petition with a liberty to file an appropriate petition before the respondent Additional Collector seeking restoration of aforesaid mutation revision case.

Permission is accorded.

The writ petition stands disposed of as withdrawn with the liberty aforesaid.

(Birendra Prasad Verma, J) Tahir/- U