← Library
Patna High CourtCWJC/5908/2009withdrawn

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

2016-11-21Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5908 of 2009 ======================================================

1. Jagarnath Singh Son of late Sarifa Singh

2. Ambika Prasad Singh

3. Tribhuwan Singh

4. Mundrika Singh, All Sons of Sarjug Singh

5. Nunu Singh Son of Subalal Singh

6. Satya Narayan Chaudhary Son of Bishwanath Chaudhary

7. Chandrika Prasad Singh son of Jibachh Singh (Expunged vide order dated 6.7.2015 and substituted by his following heirs: )

7. (a) Ajit Pratap Singh Son of late Chandrika Prasad Singh (b) Sujeet Prasad Singh Son of late Chandrika Prasad Singh (c) Rachna Singh Daughter of late Chandrika Prasad Singh, All Residents of Mohalla- Hariganj, Ps. & Town and District Katihar.

8. Abani Mohan Dutta@Aswani Mohan Dutta Son of Kishori Mohan Dutta

9. Smt. Shibani Dutta Wife of Abani Mohan Dutta@ Aswani Mohan Dutta null

10. Smt. Nirmala Devi Wife of Chakardhar Singh, All Resident of Village Mohalla- Hariganj, PS. Town and District Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Commissioner, Purnea.

3. Collector, Katihar.

4. Deputy Collector Land Reforms, Katihar.

5. Anchal Adhikari, Katihar.

6. Madan Kumar Das Claiming himself to be Mahanth of Ati Prachin Bari Sangat Resident of Mohalla- Madhubani, PS K . Hat,District Purnea. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Uday Singh, Adv. For the Respondent Nos.1 to 5:Mr. Vivek Prasad, G.P. 7 Mr. AC to G.P. 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 21-11-2016 The learned counsel appearing on behalf of the petitioners submits that with respect to the lands in question, a title suit was fought between the parties, where the petitioners succeeded, but they finally lost in the First Appeal before this Court. He further submits that against the judgment and decree

Patna High Court CWJC No.5908 of 2009 (4) dt.21-11-2016 2/2 passed in the First Appeal, the petitioners have moved before the Hon'ble Apex Court in Special Leave to Appeal (C) No(s) 5023 of 2015. It is contended that the aforesaid matter is still sub-judice before the Hon'ble Supreme Court.

The learned counsel, appearing on behalf of the petitioners, in view of the aforesaid subsequent developments, seeks permission to withdraw the present writ petition with a liberty to approach the appropriate authority for grant of appropriate relief(s) after disposal of the aforesaid matter by the Hon'ble Apex Court.

Permission is accorded.

The writ petition stands dismissed as withdrawn with the liberty aforesaid.

(Birendra Prasad Verma, J) BTiwary/- U