Genda Kuer And ORS. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10307 of 2009 ====================================================== Basisth Kunwar son of Late Munshi Kunwar, resident of village Gaudarh, Police Station Shahpur, Aanchal Behiya, District Bhojpur (Expunged vide order dated 08.09.2015 and substituted by his following heirs and legal representatives)

1. Genda Kuer widow of Late Basistha Kunwar

2. Vijender Sharma

3. Satendra Sharma

4. Harendra Sharma Petitioner Nos. 2 to 4 are sons of Late Basistha Kunwar, resident of village Gaudarh, Police Station Shahpur, District Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Director of Consolidation, Bihar, Patna

3. The Consolidation Officer, Behiya, District Bhojpur

4. The Anchal Adhikari, Behiya, District Bhojpur

5. The Mukhiya, Gram Panchaya Gaudarh at Gaudarh, Rudra Nagar, Post Office Gaudarh, Police Station Shahpur, District Bhojpur

6. Shri Krishna Bhatt son of Late Subhag Bhatt, resident of village Gaudarh, Police Station Shahpur, Anchal Behiya, District Bhojpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. K.N.Chaubey, Sr.Advocate For the Respondent Nos. 1 to 5 : Mr. Dev Kumar Pandey, AC to GP6 For the Respondent no.6 : Mr. Abhay Kr.Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 04-01-2016 After some argument, the learned senior counsel appearing on behalf of the petitioners, in presence of the learned counsel appearing on behalf of the respondents, seeks permission to withdraw the present writ petition with a liberty to approach the Civil Court of competent jurisdiction for getting their right and title decided over the lands in question after impleading all the necessary parties.

Permission is accorded.

The writ petition stands disposed of as withdrawn with the liberty aforesaid.

Patna High Court CWJC No.10307 of 2009 (6) dt.04-01-2016 2/2 If such a civil suit is filed on behalf of the petitioners, the parties shall be at liberty to raise all the issues of facts and law, which are available to them, with respect to lands in question. (Birendra Prasad Verma, J) Tahir/- U