Patna High CourtCWJC/7883/2009withdrawn

Jag Narayan Dusadh v. The State Of Bihar And ORS

2015-12-04Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7883 of 2009 ====================================================== Jag Narayan Dusadh son of late Pancham Dusadh, resident of VillageOregav, P.S. Bhagvanpur, District- Kaimur (Bhabhua) .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector, Kaimur (Bhabhua)

3. The Circle Officer, Bhagvanpur, District Kaimur (Bhabhua).

4. Manidhar Tiwary son of Late Shyam Bachan Tiwary, resident of Village- Oregav, P.S.- Bhagvanpur, District- Kaimur (Bhabhua) .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Pd. Singh For the Respondent No.1 to 3 : Mr. Pankaj Kumar Singh, AC to SC-28 For the Respondent No. 4 : Mr. Sourendra Pandey Mr. Rajesh Kr. Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 04-12-2015 After some argument, the learned 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(s) to the petitioner 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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, as also with a certified copy of the present order, then such civil suit shall be decided on its own merit on the basis of evidence/ materials produced by the parties, but without being prejudiced/ influenced by any finding

Patna High Court CWJC No.7883 of 2009 (3) dt.04-12-2015 2/2 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