Binod Shah And ORS. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12073 of 2004 ====================================================== Ramjee Shah son of late Jangu Shah, resident of village Ghughri Tar Near Brahmsat Talab, P.S. Civil Line, District Gaya (died and substituted vide order dated 26.09.2007 by his following heirs: (a) Most. Parbati Devi wife of Ramjee Shah (Expunged vide order dated 13.05.2015).

(b) Binod Shah (c) Manoj Shah, both sons of Late Ramjee Shah. (d) Smt. Geeta Devi daughter of late Ramjee Shah, all residents of village Ghughri Tar Near Brahmsat Talab, P.S. Civil Line, District Gaya .... .... Petitioner/s

Versus

1. The State of Bihar through the Collector, Gaya.

2. Gaya Municipal Corporation, Gaya, through Administrator, Gaya Municipal Corporation, Gaya.

3. Survey Superintendent, Gaya under the Bihar and Orisa Municipal Survey Act, Gaya.

4. Assistant Superintendent of Survey (Under Bihar and Orisa Survey Act), Gaya.

5. Dani Devi wife of Late Jhari Tatwa @ Karu Tatwa.

6. Mohan Tantwa

7. Sohan Tantwa, sons of late Hari Tatwa, .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Prasad Singh For the Respondent No.1 : Mr. Sushant Praveen, AC to SC-27 For the Respondent No.2 : Mr. Rabindra Kumar Priyadarsh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 31-07-2015 Learned counsel appearing on behalf of the substituted writ petitioners submits that with respect to the lands in question Eviction Suit No. 40 of 1999 was pending before the learned Munsif- 1st, Gaya in which these substituted petitioners and the private respondents were parties. According to him, the matter was compromised between the parties and, accordingly, Eviction Suit No. 40 of 1999 has finally been decided by the judgment and order dated 22.04.2015 in favour of the present petitioners. In above view of the matter, learned counsel appearing

Patna High Court CWJC No.12073 of 2004 (8) dt.31-07-2015 2/2 on behalf of the substituted petitioners seeks permission to withdraw the present writ petition with a liberty to approach the Competent Municipal authorities for passing appropriate order with respect to the lands in question under the provisions of Municipal Survey Act.

Permission is accorded.

The writ petition stands disposed of as withdrawn with the liberty aforesaid.

(Birendra Prasad Verma, J) BTiwary/- U