Sidhnath Singh Yadav @ Sidhnath Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17561 of 2014 ====================================================== Sidhnath Singh Yadav @ Sidhnath Singh son of Late Daroga Singh Yadav, resident of village Atami, P.S. Nawanagar, District Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar through the Collector, Buxar.

2. Deputy Collector Land Revenue, Dumraon District Buxar.

3. Circle Officer, Nawanagar, District Buxar.

4. Rameshwar Prasad Sinha

5. Sidheshwar Prasad Sinha

6. Umesh Prasad Sinha

7. Dinesh Prasad Sinha, all sons of late Dharamnath Sahay.

8. Raghav Prasad son of Late Baleshwar Prasad

9. Sanjeev Prasad Sinha

10. Rajeev Prasad Sinha, Both sons of Late Kameshwar Prasad Sinha All residents of village Atami, P.S. Nawanagar, District Bhojpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Diwakar Prasad Singh For the Respondent Nos. 1 to 3: Mr. S.S.P. Yadavm SC-14 For the Respondent Nos. 5 to 10: Mr. Anil Kumar Roy, Adv. Mr. Jitendra Kishore Verma, Adv.

Mr. Anjani Kumar, Adv.

Mr. Abhishek Ananad, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 17-10-2016 After some argument, the learned counsel appearing on behalf of the petitioner, in presence of the learned SC-14 appearing on behalf of the respondent nos. 1 to 3 and the learned counsel appearing on behalf of the respondent nos. 4 to 10, 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 in question.

Permission is accorded.

The writ petition stands disposed of as withdrawn with the liberty aforesaid.

It goes without saying that if an appropriate civil suit is

Patna High Court CWJC No.17561 of 2014 (2) dt.17-10-2016 2/2 brought by the petitioner within a period of three months from today, after impleading all the necessary parties including the respondents herein, then the parties shall be at liberty to raise all the issues of facts and law before the civil court, which may be available to them with respect to the lands in question. It is clarified that this Court has not gone into the merits of the claims raised on behalf of the parties in the present proceeding with respect to the lands in question, and this is left to be decided by the civil court of competent jurisdiction strictly in accordance with law.

(Birendra Prasad Verma, J) BTiwary/- U