Shyamjee Lal Nakphopha And ORS v. The State Bank Of India And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5310 of 2009 ===========================================================
1. Shyamjee Lal Nakphopha.
2. Lakshman Lal Nakphopha
3. Kanhaiya Lal Nakphopha , All sons of Late Gobind Lal Nakhphopha.
4. Krishna Lal Nakphopha son of Late Madan Lal Nakphopha.
5. Jyoti Devi W/O- Late Gopal Lal Nakphopha.
6. Sanju Kumari minor d/o Late Gopal Lal Nakphopha under the guardianship of his mother Jyoti Devi.
All are resident of Mohalla Bahuar Chaura, Police Station City Lines, District-Gaya.
.... .... Petitioners
Versus
1. The State of Bihar through the Collector, Gaya.
2. Municipal corporation Gaya, through the Superintendent of Survey, Gaya, Municipal Corporation Gaya(Bihar).
3. Punia Devi W/O- Late Munni Yadav.
4. Ram Swarup Yadav.
5. Sadhu Yadav.
6. Naresh Yadav @ Nanhak Yadav.
4 to 6 are sons of Late Munni Yadav.
7. Usha Devi, W/o Uma Yadav.
3 to 7 are resident of Village Maulla Nagar, Police Station-Bodh Gaya, District-Gaya.
8. Rekha Devi W/O Dullar Yadav. Resident of Village-Sohaipur, Police StationMuffasil, Gaya, District-Gaya.
9. ArjunYadav.
10. Ram Chandra Yadav.
11. Gopal Yadav.
12. Bigan Yadav.
9 to 12 are sons of Late Banwari Yadav, Resident of Mohalla-Salempur, Police Station-Muffasil, District-Gaya.
13. Municipal Commissioner Gaya, Municipal Corporation, Gaya. .... .... Respondents
Patna High Court CWJC No.5310 of 2009 dt.03-10-2018 2/3 =========================================================== Appearance :
For the Petitioner/s : Mr. Jitendra Prasad Singh, Advocate For the Respondent/s : Mr. P.K Verma, AAG-XI For the Gaya Municipal Corporation : Rabindra Kr. Priyadarshi, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 03-10-2018 This writ petition has been filed by the petitioners for quashing the order dated 18.11.2008 passed by the Superintendent of Survey, Gaya in Appeal Case No. 1594 of 1994. At the outset, Mr. Jitendra Prasad Singh, learned counsel for the petitioners sought leave to withdraw the instant application in order to file an appropriate suit before the civil court of competent jurisdiction for the relief prayed for in the instant application.
Learned counsel appearing for Gaya Municipal Corporation and respondent nos. 3 and 9 have raised no objection to the plea of the petitioner.
In view of the prayer made, leave is granted to the petitioners to withdraw the present writ petition with liberty to challenge the impugned order by way of filing suit before appropriate court in accordance with law.
Patna High Court CWJC No.5310 of 2009 dt.03-10-2018 3/3 The writ petition stands disposed of.
(Ashwani Kumar Singh, J.) Sanjeet/Sksuman.
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