Patna High CourtCWJC/20568/2014disposed

Abu Laish v. The State Of Bihar And ORS

2016-09-08Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20568 of 2014 ====================================================== Abu Laish, son of Late Abu Syed, Resident of Village - Belaganj, Police Station - Gangaur, District - Khagaria .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Khagaria

3. The D.C.L.R., Khagaria

4. The Circle Officer, Khagaria

5. Raj Kumar Kesari, son of Sahdeo Kesari, Resident of village - Bela Simri, Police Station - Gangaur, District - Khagaria .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Abdul Mannan Khan, Adv. Mr. Binay Kumar, Adv.

Mr.Md.Najmul Hoda, Adv.

For the Respondent nos.1to4 : Mr. Upendra Pratap Singh, AC to SC-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 08-09-2016 After some argument, the learned counsel appearing on behalf of the petitioner, in presence of the learned State counsel appearing on behalf of the respondent nos. 1 to 4, 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) to the petitioner with respect to the lands in question claimed by him.

Permission is accorded.

The writ petition stands disposed of as withdrawn with the liberty aforesaid.

It is observed that, if an appropriate civil suit is filed by the petitioner with respect to the lands in question within a period of three months from today, after impleading all the necessary parties including the respondent no.5, then the same shall be decided on its own merits on the basis of the

Patna High Court CWJC No.20568 of 2014 (2) dt.08-09-2016 evidence/materials produced by the parties, but without being influenced/prejudiced by the findings recorded either by the Anchal Adhikari, Khagaria or D.C.L.R., Khagaria in their orders dated 17.07.2012 and 11.08.2014, as contained in Annexure-1/1 and 1 respectively.

(Birendra Prasad Verma, J) Arvind/- U