Patna High CourtCWJC/16378/2014withdrawn

Janardan Ray v. The State Of Bihar And ORS

2016-12-15Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16378 of 2014 ====================================================== Janardan Ray son of Raj Nath Ray, resident of Village and P.O. - Chunni, Block and District - Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Joint Director of Consolidation, Bihar, Patna.

2. Deputy Director of Consolidation, Ara, Bhojpur.

3. The District Consolidation Officer, Buxar.

4. The Land Reforms Deputy Collector, Buxar.

5. Anchal Officer, Buxar.

6. Birjnath Ray @ Chunmun Ray son of Late Nandji Ray resident of Village & P.O. - Chunni, Block and District - Buxar. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Narayan Mahto, Adv. For the Respondent Nos. 1 to 5 :Dr. Shobha Choubey, AC to GP-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 15-12-2016 Heard.

The petitioner has filed the present writ petition assailing the validity and correctness of the order dated 12.5.2009 passed in Consolidation Revision Case No. 89 of 2008 by the respondent Joint Director of Consolidation (Headquarters), Bihar, Patna, as contained in Annexure-2 to the writ petition, whereby the aforesaid revision case filed on behalf of the respondent no.6 was allowed.

Admittedly, in the aforesaid revision case, the petitioner was not a party. Furthermore, the impugned order was passed on 12.5.2009 and the present petition has been filed on 17.9.2014 after a long delay of more than five years.

The learned counsel appearing on behalf of the petitioner has not been able to explain the delay occurred in filing the writ petition. However, he submits that with respect to the

Patna High Court CWJC No.16378 of 2014 (2) dt.15-12-2016 2/2 lands in question, Title Suit No. 80 of 1998 is pending in the court below.

In above view of the matter, after some argument, he seeks leave of this Court to withdraw the present writ petition with a liberty to raise all the issues of facts and law with respect to the lands claimed by him in the aforesaid pending title suit. Permission is accorded.

The writ petition stands dismissed as withdrawn with the liberty aforesaid.

(Birendra Prasad Verma, J) BTiwary/- U