Patna High CourtCWJC/21300/2012withdrawn

Ganauri Prasad Singh v. The State Of Bihar And ORS

2015-12-07Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21300 of 2012 ====================================================== Ganauri Prasad Singh Pita- Ram Ishwar Singh R/O Gram- Kalyan Bigha, Post- Barah, Thana- Harnaut, Anchal- Harnaut, Zila- Nalanda .... .... Petitioner/s

Versus

1. Bhar Rajya Sarkar

2. Ziladhikari, Nalanda

3. Bhoo-Adhigrahan (Arjan) Padadhikari, Zila-Nalanda

4. Bhoomisudhar Up Samahartta, Bihar Sharif

5. Anchaladhikari, Anchal- Harnaut, Zila-Nalanda .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ganauri Prasad Singh (in person) For the Respondent/s : Mr. Uma Shankar, GP 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 07-12-2015 In compliance of the order dated 09.11.2015, Sri Subodh Kumar Singh, the District Land Acquisition Officer, Nalanda is in appearance in person. He has filed a counter affidavit on behalf of the respondent nos. 2 to 5 as also a show cause on his own behalf explaining the reason as to why the order dated 09.10.2015 of this Court could not be complied with. For the reasons disclosed, the show cause filed on behalf of the District Land Acquisition Officer is hereby accepted and his personal appearance is dispensed with.

The petitioner-Sri Ganauri Prasad Singh, who is appearing in person, after some argument, seeks permission to withdraw the present writ petition in view of the averments made in the counter affidavit filed on behalf of the respondent nos. 2 to 5, wherein it has been stated that for identical relief the petitioner had filed a separate writ petition bearing CWJC No. 14953 of 2013, which was finally disposed of by order dated 02.12.

Patna High Court CWJC No.21300 of 2012 (6) dt.07-12-2015 2/2 a Bench of this Court, as contained in Annexure-C to the a foresaid counter affidavit.

Since the petitioner is appearing in person, permission is accorded and the writ petition stands dismissed as withdrawn. However, it goes without saying that in the light of the order dated 02.12.2013 (Annexure-C), the petitioner shall be granted all benefits.

(Birendra Prasad Verma, J) Tahir/- U