Jiwanand Mishra v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.14470 of 2005 ====================================================== Jiwanand Mishra son of Late Diwakar Mishra, resident of village Balua, P.S.Balua, District Supaul .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Commissioner, Koshi Division, Saharsa
3. The Additional Collector, Supaul
4. The Sub Divisional Officer, Birpur, District Supaul
5. The Circle Officer, Basantpur, District Supaul
6. Puhup Lal Ram son of Late Munai Ram
7. Aklu Ram son of Late Mittan Ram
8. Kuldeo Ram son of Late Kusumlal Ram
9. Smt. Sita Devi wife of Late Nunulal Paswan
10. Jageshwar Paswan son of Late Bhupi Paswan
11. Chandar Paswan son of Late Bhupi Paswan
12. Shiv Narayan Paswan son of Late Bhupi Paswan Respondent nos. 6 to 12 are residents of village Bishanpur Chaudhary, P.S.Balua Bazar, District Supaul .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Respondent Nos. 10 & 12 : Mr. Abhay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER ------------ 27-11-2015 After some argument, the learned counsel appearing on behalf of the petitioner, in presence of the learned counsel appearing on behalf of the respondent nos. 10 and 12, seeks permission to withdraw the present writ petition with a liberty to approach the Civil Court of competent jurisdiction for grant of appropriate relief (s) with respect to the lands under dispute. Permission is accorded.
The writ petition stands disposed of as withdrawn with the liberty aforesaid.
It is clarified that if an appropriate civil suit is filed within a period of three months from today after impleading all the necessary parties, then the same shall be decided on its own
Patna High Court CWJC No.14470 of 2005 (13) dt.27-11-2015 2/2 merits on the basis of the evidences/materials produced by the parties, but without being prejudiced/influenced by the findings recorded by the revenue authorities in the impugned orders, which are the subject matter of challenge in the present proceeding. (Birendra Prasad Verma, J) Tahir/- U