IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14748 of 2007 Harendra Rai, son of Sri Chandra Rai, resident of Village- Ambagot, P.S. Pipradhi, District- Sheohar ----------- Petitioner. Versus 1. The State of Bihar 2. The District Collector, Sheohar 3. The Addl. District Collector, Sheohar 4. The Sub-Divisional Officer, Sheohar 5. The Circle Officer, Circle Pipradhi, District-Sheohar 6. Dinesh Rai, son of Banaras Rai, resident of Village-Ambagot, P.S. Pipradhi, District-Sheohar ------ Respondents. ---------- 2. 3.3.2009 Heard Mr. Jai Prakash Singh for the petitioner, and Mr. Braj kishore Prasad Sinha, learned Government Pleader No.3. This writ petition is directed against the order dated 12.10.2002(Annexure- 3), passed by the respondent no.3, in Case no. 34 of 2002 (Harendra Rai Vrs. Dinesh Rai), whereby he has rejected the appeal preferred by the present petitioner. It relates to Thana No. 127, Village Amba Godar south to Khata No.3833, Kheshra No.3417, area 0.01 decimal, settled in favour of Dinesh Rai, son of Banarash Rai, Village- Amba Gaur.Learned Government Counsel has supported the impugned order. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears that respondent no.6 has filed an application for settlement of the land in question. Respondent no.4 referred the application for local inspection. Respondent no.5 conducted the local inspection and submitted his report dated 11.1.2005 (Annexure-5), wherein he stated that the land in question belongs to the State of Bihar. Accordingly respondent no.4 passed order dated 12.10.2002(Annexure-3), directing for settlement of land in question in favour of respondent no.6. Aggrieved by this order, 2 the petitioner preferred appeal which has been rejected by the impugned order passed by respondent no.3, and he upheld the order of respondent no.4. Learned counsel for the petitioner raises a grievance before this Court that one decimal of land settled in favour of respondent no.6 really belongs to his ancestor and confusion has been created because of the survey entries. It appears that the petitioner raises an issue with respect to right, title and interest. Faced with the situation, learned counsel for the petitioner seeks permission to withdraw the writ petition with the liberty to institute a civil suit before a court of competent jurisdiction for adjudication of right, title and interest. The writ petition is permitted to be withdrawn. Vinay/ ( S. K. Katriar ,J. )