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Patna High CourtCWJC/16235/2024withdrawn

Ramashish Pathak v. The State Of Bihar

2024-10-24Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16235 of 2024 ====================================================== Ramashish Pathak S/o Late Shrikant Pathak, resident of Ward No 04, Mohalla- Panchveer, Post - Panchveer Begusarai, P.S.- Sahebpur Kamal, District- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through the District Magistrate-cum- Collector, Begusarai.

2.

The Additional Collector, Begusarai 3.

The Sub Divisional Officer, Ballia, District- Begusarai 4.

The Deputy Collector, Land Reforms Ballia, District- Begusarai. 5.

The Circle Officer, Sahebpur Kamal, District- Begusarai. 6.

Md. Nadim Safi S/o Md. Shaffiullah resident of Village and PostPanchveer, Ward No. 10, P.S. Sahebpur Kamal, District- Begusarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rabi Bhushan, Advocate For the Respondent/s :

Mr. Standing Counsel-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 24-10-2024

1. Heard learned counsel for the petitioner and learned AC to SC-13.

2. Learned counsel for the petitioner, at the outset, submits that petitioner has remedy of filing an appeal under Section 7 of the Mutation Act against the order of the Circle Officer which is impugned in the present writ application, thus, seeks permission to withdraw the writ application with liberty to file appeal before the authority competent in terms of the Act.

3. Permission is accorded.

4. Accordingly, the writ application is dismissed as withdrawn.

Patna High Court CWJC No.16235 of 2024(2) dt.24-10-2024 2/2

5. It is made clear that if appeal is filed within a period of one month from today, the DCLR while considering the period of limitation shall taken into account of fact that petitioner had moved before this Court by filing the instant writ application which remained pending for some time. (Satyavrat Verma, J) Kundan/- U