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Patna High CourtMJC/2784/2024allowed

Smt Anita Devi v. The State Of Bihar Through Principal Secretary To The Government Of Bihar, Revenue Department,

2024-09-20Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2784 of 2024 In Civil Writ Jurisdiction Case No.8853 of 2017 ====================================================== Smt Anita Devi Wife of Ravikant Sah Resident of village and PostMahmmada P.S.- Pusa, District- Samastipur. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary to the Government of Bihar, Revenue Department, Patna.

2.

The Collector, Samastipur, At, PO, PS, and District- Samastipur. 3.

The DCLR, Samastipur, At, PO, PS and District- Samastipur. 4.

The Circle Officer, Pusa, At, PO, P.S.- Pusa, District- Samastipur. 5.

Subelal Paswan Son of Late Sukhdev Paswan Resident of village and P.O. Mammada, P.S.- Pusa, Circle Office- Pusa, District- Samastipur. 6.

Shankar Paswan Son of Late Mahendra Paswan Resident of village and P.O. Mammada, P.S.- Pusa, Circle Office- Pusa, District- Samastipur. 7.

Munna Paswan Son of Subelal Paswan Resident of village and P.O. Mammada, P.S.- Pusa, Circle Office- Pusa, District- Samastipur. 8.

Arjun Paswan Son of Subelal Paswan Resident of village and P.O. Mammada, P.S.- Pusa, Circle Office- Pusa, District- Samastipur. 9.

Sanjeet Paswan Son of Subelal Paswan Resident of village and P.O. Mammada, P.S.- Pusa, Circle Office- Pusa, District- Samastipur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikash Kumar Sharma, Advocate For the Opposite Party/s :

Mr. Government Pleader 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-09-2024 Heard learned counsel counsel for the petitioner and learned counsel for opposite parties.

2. The present application has been filed to modify the order dated 16.07.2024 passed in CWJC No. 8853 of 2017 passed by this Court.

3. Learned counsel for the petitioner submits that on

Patna High Court MJC No.2784 of 2024(3) dt.20-09-2024 2/3 16.07.2024, a prayer was made on behalf of the petitioner in CWJC No. 8853 of 2017 to withdraw the application with liberty to file fresh/appropriate application, if so required, but the order dated 16.07.2024 passed in CWJC No. 8853 of 2017 does not reflect the said liberty which was prayed for and was granted by this Court.

4. From perusal of the order dated 16.07.2024 in CWJC No. 8853 of 2017, it appears that petitioner's counsel is correct in his submission.

5. It is clarified that vide order dated 16.07.2024, the Civil Writ bearing C.W.J.C. No. 8853 of 2017 was dismissed as withdrawn with liberty to file a fresh application and for better appreciation, the modified/complete order is produced hereunder:- " Learned counsel for the petitioner seeks permission to withdraw this application with liberty to file fresh application, if so required.

2. Permission is accorded .

3. Accordingly, the writ application stands dismissed as withdrawn with aforesaid liberty."

6. The order dated 16.07.2024 is modified as above.

Patna High Court MJC No.2784 of 2024(3) dt.20-09-2024 3/3

7. Accordingly, the present application is allowed. (Rudra Prakash Mishra, J) Alok Verma/- U