Upendra Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12340 of 2017 ======================================================

1. Upendra Singh, aged about 69 years,

2. Jawala Praasd Singh, aged about 55 years,

3. Awdhesh Prasad Singh, aged about 56 years, All sons of Late Hazari Singh, Resident of Village- Mithyapur, P.S.- Shahpur Old, P.S.- Danapur, District- Patna.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. The Collector, Patna, Bihar.

3. The Circle Officer, Danapur, Bihar.

4. Smt. Ram Janam Devi, wife of Late Janki Singh, Daughter of Late Rajpati Singh, Resident of Village- Gopalpur, P.O.- Kamala Gopalpur, P.S.- Mmaner, District- Patna (Bihar), at present P.S.- Village Nargada, P.O.- Jamsaut, P.S.- Shahpur, District- Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Shama sinha For the Respondent/s :

Mr. RAJ KISHORE RAY - GP18 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-03-2018 The learned counsel for the petitioners seeks permission to withdraw this writ petition with liberty to pursue their remedy under Mutation Act.

Prayer is allowed.

This writ petition is, accordingly, disposed of as withdrawn. If the petitioners file appeal before the Collector, the Collector shall, without non-suiting the petitioners on the ground of limitation, consider the appeal on merits.

(Prabhat Kumar Jha, J) BKS/- U