Amresh Mall v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7153 of 2009 ====================================================== Amresh Mall son of Late Ganga Mall, resident of village- Dumra, P.S. & Anchal Lauria, District West Champaran (Bettiah), at present Ward No. 16, P.O. Narkatiyaganj, P.S. Shikarpur, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Collector, West Champaran (Bettiah)
3. Dy. Collector Land Reforms, Narkatiaganj, West Champaran (Bettiah)
4. Anchal Adhikari, Lauria, P.S. Lauria, District West Champaran (Bettiah)
5. Raghunath Mall, son of late Gangal Mall, resident of village Dumra, P.S. and Ancha, Lauria, District West Champaran (Bettiah). .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajendra Narain, Sr. Adv. Mr. Rakesh Ranjan For the Respondent No.1 to 4 : Mr. Ajay Kumar, AC to AAG-8 For the Respondent No. 5 : Mr. S.K. Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 01-12-2015 After some argument, learned senior counsel appearing on behalf of the petitioner, in presence of the learned counsel appearing on behalf of the respondents, seeks permission to withdraw the present writ petition with a liberty to approach the civil court of competent jurisdiction for grant of appropriate relief with respect to the lands under dispute.
Permission is accorded.
The writ petition stands disposed of as withdrawn with the liberty aforesaid.
If an appropriate civil suit is filed on behalf of the petitioner within a period of three months from today, after impleading all the necessary parties, with a certified copy of the present order, then the same shall be decided strictly in accordance with law on the basis of evidence/ materials produced by the parties in support of their respective claims regarding the lands
Patna High Court CWJC No.7153 of 2009 (3) dt.01-12-2015 2/2 under dispute, but without being prejudiced/ influenced by any finding recorded by the revenue authorities in the impugned orders, which are subject matter of challenge in the present proceeding.
(Birendra Prasad Verma, J) BTiwary/- U