Chandra Mohan Jha, v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1456 of 2019 In Civil Writ Jurisdiction Case No.1073 of 2017 ====================================================== Chandra Mohan Jha, S/o- Late Mahendra Jha, resident of Village Kaithwar, Tola Baidyanathpur, P.S. Sakatpur, District- Darbhanga. ... ... Appellant/s

Versus

1.

The State of Bihar through the Principal Secretary, Revenue and Land Reforms, Government of Bihar, Patna.

2.

The Collector, Darbhanga.

3.

The Land Reforms Deputy Collector, Sadar, Darbhanga. 4.

The Circle Officer, Tardih, Police Station- Sakatpur, District- Darbhanga. 5.

Arun Kumar Jha, S/o- Late Shiv Narayan Jha, Resident of VillageKaithwar, Tole- Baidyanathpur, Police Station- Sakatpur, DistrictDarbhanga. ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Shivendra Kishore, Sr. Advocate Mr. Ashok Kumar Prasad, Advocate For the Respondent/s :

Mr.Md.Khurshid Alam (AAG-12) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 06-12-2019 Heard learned counsel for the appellant and learned counsel for the respondents.

Appellant has preferred this Letters Patent Appeal against the judgment dated 29.08.2019 passed by a learned Single Judge of this Court in C.W.J.C. No. 1073 of 2017, titled as Arun Kumar Jha Vs. The State of Bihar & Ors., whereby District Magistrate, Darbhanga has been directed to remove the encroachment after due notice to the encroacher within a period

Patna High Court L.P.A No.1456 of 2019(3) dt.06-12-2019 2/2 of eight weeks of receipt/production of a copy of the order in accordance with law.

Learned counsel for the appellant seeks permission to withdraw the present appeal reserving liberty to file a review application seeking review of the impugned order dated 29.08.2019 passed in C.W.J.C. No. 1073 of 2017, titled as Arun Kumar Jha Vs. The State of Bihar & Ors.

Permission granted.

The period for which the appellant has been pursuing the present appeal shall not be counted for the purposes of limitation.

We clarify that we have not dealt with the issue on merits.

The appeal stands dismissed as withdrawn with the liberty aforesaid.

(Sanjay Karol, CJ) (Anil Kumar Upadhyay, J) P.K.P./- U