Rajesh Kumar And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4181 of 2014 ======================================================
1. Rajesh Kumar Son of Sri Chandra Kishore Yadav
2. Binod Yadav Son of Sri Shyam Sundar Yadav Both Resident Of Village - Chandrani Hazaritol P.S. Dhamdaha, District - Purnea .... .... Petitioner/s
Versus
1. The State Of Bihar through Collector of District - Purnea
2. The Circle Officer, Dhamdaha, District - Purnea .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Baidyanath Prasad For the Respondent/s : Mr. Anil Kr Uapadhyay, SC-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 28-09-2016 Heard Mr. Baidyanath Prasad for the petitioners and Mr. A.K.Upadhyay, the counsel for the State.
The writ application seeks a mandamus commanding the respondents not to interfere with peaceful possession over the land comprised in C. S. Plot Nos. 493 and 494 of Khata No. 132 situate at Mauza Thadhi Rajo, measuring an area of 0.96 acres in the district of Purnia.
In paragraph 3 the petitioners have stated as under:- "3. That the late ancestors namely Hazari Mandal son of Bhawani Mandal, who was great grand father of this petitioner, was found in possession of land during C.S.
survey and entry of name of Hazari Mandal was made in remarks column of
Patna High Court CWJC No.4181 of 2014 (2) dt.28-09-2016 2/2 possession and nature of land was recorded as Gairmazarua Aam and pind of pokhor and since then the lands are coming in possession from generation to generation till with the petitioners without any interference by any one for more than 60 years."
Having realized the confines of the jurisdiction invoked by the petitioners, the counsel for the petitioners seeks permission of the Court to withdraw this writ application enabling them to ventilate their grievance before the appropriate authority/forum in accordance with law.
The application is permitted to be withdrawn with said liberty.
(Kishore Kumar Mandal, J) HR/- U