IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1066 of 2010 In CWJC No. 807 of 2010 With I.A. No. 5738 of 2010. ================================================ M/S Yogendra Rai, Vill.- Banshi Bataraha, P.S.- Phulwaria, Distt.- Gopalganj through its Proprietor Yogendra Rai, S/o Sri Ram Chhabila Rai, R/o Vill.- Banshi Bataraha, P.S. Phulwaria, Distt.- Gopalganj …………………………….……. (Petitioner) Appellant Versus 1. East Central Railway through the Chief Administrative Officer, East Central Railway, Mahendru Ghat, Patna 2. The Chief Engineer, East Central Railway, Mahendru Ghat, Patna 3. The Deputy Chief Engineer (Construction) II, East Central Railway, Darbhanga 4. The State of Bihar through the Principal Secretary / Commissioner, Mines and Geology Department, Govt. of Bihar, Patna 5. The Principal Secretary / Commissioner, Mines and Geology Department, Govt. of Bihar, Patna 6. The District Mining Officer, Darbhanga-(Respondents) ………………………………………………………. Respondents ================================================ Appearance: For the appellant: Mr V.R.P. Singh, Advocate. ======================================================= CORAM: HONOURABLE THE CHIEF JUSTICE AND HONOURABLE MR JUSTICE JYOTI SARAN ORAL ORDER (Per : HONOURABLE THE CHIEF JUSTICE) 3. 27.08.2010. Re. LPA No. 1066/2010 & I.A. No. 5738/2010. Learned Advocate Mr V.R.P. Singh appears for 2 the appellant. He states that the appellant shall pursue the remedy under the terms of contract. He, therefore, seeks leave to withdraw this appeal, the limitation petition and the writ petition. Leave is granted. LPA No. 1066/2010, Interim Application (I.A. No. 5738/2010) and the Writ Petition (CWJC No. 807/2010) are disposed of as withdrawn. It is clarified that in the event the appellant pursues the remedy available, the concerned authority or forum will decide the matter on merit without being prejudiced by the judgment and order dated 28.04.2010 passed by the learned single Judge in CWJC No. 807 of 2010. Dilip ( R. M. Doshit, CJ) ( Jyoti Saran, J)