Thakko Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3758 of 2014 ====================================================== Thakko Jha Son of Late Balbhadra Jha, Resident of Village - Godharpur, Police Station - Jhanjharpur, District - Madhubani .... .... Petitioner/s

Versus

1. The State of Bihar

2. Director, Fisheries, Govt. of Bihar, Patna

3. The Deputy Collector, Land Reforms, Jhanjharpur, Madhubani

4. Circle Officer, Jhanjharpur, Madhubani

5. District Fisheries Officer, Madhubani .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Baidya Nath Thakur For the Respondent/s : Mr. U.S.S. Singh, G.P. 1 Mr. R.K. Chandram, AC to G.P. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 20-06-2016 After some argument, the learned counsel, appearing on behalf of the petitioner, seeks permission to withdraw the present writ petition with a liberty to approach the civil court of competent jurisdiction for declaration of his right, title and possession over the lands in question, fully detailed in paragraph-1 of the writ petition.

Permission is accorded.

The writ petition stands disposed of as withdrawn with the liberty aforesaid.

It is clarified that if such a civil suit is filed by the petitioner within a period of three months from today with a certified copy of the present order, after impleading all the necessary parties including the respondents, then the same shall be considered and decided on its own merits on the basis of the evidence/ materials produced by the parties.

This is further clarified that the parties shall be at liberty to raise all the issues of facts and law, which may be available to

Patna High Court CWJC No.3758 of 2014 (5) dt.20-06-2016 2/2 them, with respect to the lands in question.

(Birendra Prasad Verma, J) BTiwary/- U