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Patna High CourtCWJC/10263/2016withdrawn

Manoj Kumar Choudhary v. The State Of Bihar And ORS

2018-07-10Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10263 of 2016 ======================================================

1. Manoj Kumar Choudhary son of Late Ashok Kumar, resident of VillageKhirauna, P.S. Rahui, District- Nalanda. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Principal Secretary, Revenue Department, Government of Bihar, Patna.

3. The District Magistrate, Nalanda.

4. The Sub Divisional Officer, Bihar Sharif, Nalanda.

5. The Block Development Officer, Bihar Sharif, Nalanda.

6. The Circle Officer, Bihar Sharif, Nalanda.

7. The Union of India through Archeological Survey of India, New Delhi.

8. The Regional Director Archeological Survey of India J.C. Road, Patna. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sudhir Kumar For the Respondent/s : Mr. Sc13-Arvind Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2018 Heard Mr. T.N. Matin, learned senior counsel appearing on behalf of the petitioner, learned counsel for the State and learned counsel for the Union of India.

The petitioner has filed this writ petition for a direction to the respondent-Collector and other official respondents not to interfere with the peaceful possession of the land bearing Plot Nos. 1079 and 1080, Khata No.46, Thana No. 119, area 30 decimal.

From perusal of the entire records, I find no letter of the Collector restraining the petitioner from making any

Patna High Court CWJC No.10263 of 2016 (4) dt.10-07-2018 2/2 construction. Simply, the Collector ordered for institution of the case that the petitioner demolished Nawaratan Mahal, a house 250 years old. If the petitioner is aggrieved by the institution of the F.I.R., this Court under writ jurisdiction can not grant any relief, as prayed for by the petitioner in the writ petition. On such, the learned senior counsel for the petitioner seeks permission to withdraw this writ petition with liberty to take resort to proper remedy as and when the petitioner is aggrieved by the order of collector.

This writ petition is, accordingly, disposed of as withdrawn.

(Prabhat Kumar Jha, J) BKS/Rajan U