IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.185 of 2008 KAUSHAL KISHOR SINGH Versus THE STATE OF BIHAR & ORS ----------- 2 11.8.2008 In the instant writ petition the petitioner prays for quashing the order dated 27.11.2007 passed in Misc.Case No.28 of 2005 whereby the learned Magistrate granted permission to respondent no.4 namely Ram Krishna Singh to withdraw the bid amount which was deposited in a proceeding no.155(M) 1963 under section 145 Cr.P.C. Learned counsel for the petitioner submits that respondent no.4 was not the person who had deposited the bid amount and as such he could not have filed any petition for withdrawing the aforesaid amount. He further submits that respondent no.4 illegally filed an application for release of the bid amount in his favour. This court finds that the petitioner first ought to have moved the learned Collector, Bhojpur before moving this court in this writ petition. Learned counsel for the petitioner sought permission for withdrawal of this writ petition with liberty to file an appropriate application before the learned Collector, Bhojpur within one month from today. In this view of the matter, this application is permitted to be withdrawn with liberty to the petitioner to file an application before the learned Collector for redressal of his grievance within one month from today. This court further observed that if the bid money has not - 2 - KHAN already been released to respondent no.4, the same would not be released in his favour for a period of one month from today. Let a copy of this order be communicated through fax to the Collector, Bhojpur at the cost of the petitioner. (S.P.Singh,J) .