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Patna High CourtCWJC/16829/2021withdrawn

Krishna Bhagwan, v. The State Of Bihar

2022-06-23The Chief Justice -,Mr. Justice S. Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16829 of 2021 ====================================================== Krishna Bhagwan, son of Late Amod Kumar, resident of Pokhara Mohalla Godri Road, P.S.-Town, District-Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

District Magistrate-cum-Collector, Patna.

3.

Deputy Development Commissioner-cum-Chief Executive Officer, Zila Parishad, Patna.

4.

S.H.O., Kotawali Police Station, Patna.

5.

Vishanu Bhagwan, son of Sri Ashok Kumar Soni and Smt. Madhuri Devi, resident of Gudari Bazar, Hajipur, Vaishali.

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

For the Petitioner/s :

Mr.Rajeev Ranjan, Advocate For the Respondent/s :

Mr. P. N. Shahi ( AAG 6 ) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) Date : 23-06-2022 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):- "(i) For directing and commanding the respondents to give the possession of Shop No. 30 of Lok Nayak Bhawan, Commercial Complex, Dak

Patna High Court CWJC No.16829 of 2021 dt.23-06-2022 2/3 Bunglow, Patna to the petitioner on the basis of possession letter dated 09.01.2004 (Ann-1) issued by respondent no. 3, D.D.C.- Cum-Executive, Zila Parishad, Patna.

(ii) And also for any other relief/relieves for which petitioner is found to be legally entitled under the facts and circumstances of the case."

After the matter was heard for some time, finding the Bench not to be in favour of the submission made by the learned counsel for the petitioner, learned counsel for the petitioner, under instructions, states that the petition, in its present form, may be permitted to be withdrawn reserving liberty to file afresh with better particulars on the same and subsequent cause of action, if so required and desired.

Prayer allowed.

Petition is disposed of as withdrawn with the liberty aforesaid.

As and when such petition is filed, registry shall process it immediately and have it listed before the appropriate Court.

Also liberty reserved to the petitioner to take recourse to such other remedies as are otherwise available in

Patna High Court CWJC No.16829 of 2021 dt.23-06-2022 3/3 accordance with law.

Interlocutory application, if any, shall also stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) Rajiv/veenaAFR/NAFR CAV DATE Uploading Date Transmission Date