Baidya Nath Mishra And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22462 of 2014 ====================================================== 1.

Baidya Nath Mishra 2.

Tirath Nath Mishra Both Son of Late Kapil Deo Mishra Resident of VillageNaragada, P.S.- Shahpur, District- Bhojpur Ara Bihar, Pin-802154. ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Collector, Bhojpur. 2.

The Deputy Collector Land Reforms Jagdishpur, Bhojpur. 3.

The Circle Officer Jagdishpur, Bhojpur.

4.

Prem Dhari Mishra Son of Late Anup Mishra Resident of Naragada, P.S.- Shahpur, District- Bhojpur Ara.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Awadhesh Kumar Mishra, Advocate For the Respondent/s :

Mr.Naman Nayak, AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-06-2024

1. The present writ petition has been filed seeking the following relief(s):- "1. That this is an Application for issuance of a writ of certiorari for quashing the order dt.15.01.2014 passed by Learned Commissioner, Patna Division in Land dispute appeal No.610/12 whereby and whereunder the order dt. 27.11.12, passed by Learned D.C.L.R., Jagdishpur Bhojpur in Land dispute case No-75/2012-13 has been affirmed by which learned Circle Officer, Jagdishpur has been directed to give possession to the Respondent No.4 in respect of 5 Decimals of Land over Khata No.88, Khesra No.37 and 38,

Patna High Court CWJC No.22462 of 2014(2) dt.19-06-2024 2/3 Mauja-Naragada, Thana No.106, after getting the same legally demarcated interalia the following reliefs:- (i) The Appellate order dt.

15.01.2004, passed by Learned Commissioner Patna Division in Land dispute Appeal No.610/012 be set aside.

(ii) The order dt. 27.11.012 passed by learned D.C.L.R. Jagdishpur (Bhojpur) passed in Land Dispute Case No. 75/2012-13 be setaside.

(iii) Respondents authorities as well as Private Respondent be restrained from making any interference or putting any hindrance in peaceful possession of the Petitioners over the Land and house in question.

(iv) The operation of the Impugned Orders be stayed during pendency of this writ application."

2. At the outset, the learned counsel for the petitioners submits that regarding the dispute in question, suit proceedings are pending before the learned Court of Sub-Judge, Jagdishpur, Bhojpur, hence the petitioners be permitted to withdraw the present writ petition.

Patna High Court CWJC No.22462 of 2014(2) dt.19-06-2024 3/3

3. Accordingly, the present writ petition stands dismissed as not pressed.

(Mohit Kumar Shah, J) Saurav/- U