IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Review No.457 of 2011 ====================================================== 1. Chandra Shekhar Janta College, Gaya, through its Principal Md. Akhtar Situated at Ganga Mahal R/O Mohalla - Tootwari, P.S. Gaya Kotwali, District - Gaya 2. Md. Akhtar S/O Late Abdul Gaffur, Principal, Chandra Shekhar Janta College, Gaya R/O Mohalla - Moriyaghat, Panchayat Akhara, P.S. Gaya Kotwali, District - Gaya .... .... Petitioners Versus 1. Dr. Dharmendra Prasad S/O Sri Kashi Prasad R/O Jai Prakash Nagar, Road No. 2 B, Golbigha Gaya, P.S. Civil Lines Gaya, District - Gaya 2. The State of Bihar through the Chief Secretary, Government of Bihar, Patna 3. The Principal Secretary, Department of Home Government of Bihar, Patna 4. The Director General of Police, Bihar, Patna 5. The Divisional Commissioner, Magadh Division, Gaya 6. The District Magistrate, Gaya 7. The Superintendent of Police, Gaya 8. The Sub - Divisional Officer, Gaya 9. The Officer - In Charge, Kotwali Police Station, Gaya .... .... Respondents ====================================================== In Civil Writ Jurisdiction Case No.6416 of 2010 ====================================================== 1. Dr. Dharmendra Prasad S/O Sri Kashi Prasad R/O Jaiprakash Nagar, Road No. 2b, Golbigha, Gaya, P.S.- Civil Line, Gaya .... .... Petitioner Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna 2. The Principal Secretary, Department of Home Government of Bihar, Patna 3. The Director General of Police, Bihar, Patna 4. The Divisional Commissioner, Magadh Division, Gaya 5. The District Magistrate, Gaya 6. The Superintendent of Police, Gaya 7. The Sub-Divisional Officer, Gaya 8. The Officer In Charge, Kotwali Police Station, Gaya .... .... Respondents Patna High Court C. REV. No.457 of 2011 (5) dt.28-03-2012 2 with Miscellaneous Jurisdiction Case No.5692 of 2011 ====================================================== 1. Dr. Dharmendra Prasad S/O Shri Kashi Prasad R/O Jaiprakash Nagar, Road No. 2 - B, Golbigha, P.S. Civil Lines, District - Gaya .... .... Petitioner Versus 1. The State of Bihar 2. Vandana Preyasi, the District Magistrate, Gaya 3. Binay Kumar, the Senior Superintendent of Police, Gaya .... .... Respondents ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 5 28-03-2012 Mr. Surendra Kumar Singh, learned Senior counsel for the review petitioners, Mr. Anil Kumar Sinha, learned counsel for the respondent No.1/ writ petitioner and Mr. Anisul Haque, leaned A.C. to A.A.G.9 are present. The review petitioners urge that proper facts had not been brought to the notice of the writ Court for correct appreciation of the issue raised therein by the respondent No.1/writ petitioner including the fact that the matter in issue after being deliberated upon under the provisions of the Bihar Land Dispute Resolution Act, 2009, is now pending consideration before the appellate authority under the said Act i.e. the Commissioner, Magadh Division, Gaya in Appeal No. 18 of 2011. The Appellate Authority while admitting the appeal by order dated 17.03.2011 has stayed the operation of the order dated 1.3.2011 passed in favour of the writ petitioner by the Deputy Collector, Land Patna High Court C. REV. No.457 of 2011 (5) dt.28-03-2012 3 Reforms, Gaya. The said position has been taken note of by this Court in its order dated 21.12.2011 passed in the present proceedings. Mr. Sinha, learned counsel for the respondent/writ petitioner does not dispute this position but submits that the omission was not intentional. Upon consideration of the facts and circumstances attending the review application, he seeks permission to withdraw the writ petition. Having heard learned counsel for the parties and upon consideration of the fact that the mater in issue is already pending consideration before the Appellate Authority under the Bihar Land Dispute Resolution Act, 2009 as also taking into consideration the submission of learned counsel for the respondent No.1/writ petitioner, the Civil Review application is allowed. The order dated 09.09.2011 passed in C.W.J.C.No.6416 of 2010 stands recalled and C.W.J.C.No.6416 of 2010 stands restored to its original file. C.W.J.C. No. 6416 of 2010 Mr. Anil Kumar Sinha, learned counsel for the petitioner seeks permission to withdraw this application to pursue his remedy under the Bihar Land Disputes Resolution Act, 2009 where the matter in issue is pending consideration in Appeal Patna High Court C. REV. No.457 of 2011 (5) dt.28-03-2012 4 No.18 of 2011. Leave is granted. The writ petition is dismissed as withdrawn. M.J.C. No. 5692 of 2011 As a consequence of the orders passed in C. Review No.457 of 2011 and in C.W.J.C. No. 6416 of 2010, M.J.C. No. 5692 of 2011 stands disposed of. The present order shall not be construed or opined in favour of or against any party to the present proceedings by the Appellate Authority under the Bihar Land Dispute Resolution Act, 2009, where the matter is pending. The Appeal No.18 of 2011 shall be heard and decided by the Appellate Authority on its own merits in accordance with law. Bibhash/- (Jyoti Saran, J)