IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8694 of 2008 SHAMBHU NATH BANKA, AGED ABOUT 71 YEARS SON OF LATE SATYANARAYAN BANKA RESIDENT OF PATEL BABU ROAD P.S. KOTWALI, DISTRICT BHAGALPUR. Versus 1. THE STATE OF BIHAR THROUGH THE SECRFETARY, DEPARTMENT OF ARBAN DEVELOPMENT, GOVT. OF BIHAR, PATNA. 2. THE SECRETARY, DEPARTMENT OF ARBAN DEVELOPMENT, GOVT. OF BIHAR, PATNA. 3. THE COMMISSIONER, BHAGALPUR DIVISION, BHAGALPUR. 4. THE DISTRICT MAGISTRATE, BHAGALPUR. 5. THE SUB-DIVISIONAL MAGISTRATE, BHAGALPUR. 6. THE MUNICIPAL COMMISSISONER, MUNICIPAL CORPORATION, BHAGALPUR. 7. THE ADMINISTRATOR, MUNICIPAL CORPORATION, BHAGALPUR. 8. JAGAT BIHARI PRASAD, SON OF PUNIDHAR PRASAD, RESIDENT OF PATEL BABU ROAD, P.S. KOTWALI, DISTRICT BHAGALPUR. For the petitioner : Mr. Shailendra Kumar Singh, Advocate. For the Corporation : Mrs. Pravina Kumari Rai, Advocate. ----------- 08. 03.01.2011 Heard learned counsel for the petitioner, the State, Bhagalpur Municipal Corporation(hereinafter referred to as the Corporation) and private respondent no.8. 2. Petitioner is aggrieved by the order dated 26.5.2008, Annexure-1, whereunder Additional Municipal Commissioner of the Corporation has held that the wall raised by the petitioner over the lands in question is without due sanction from the Corporation authorities, which is obstructing the flow of rain water into the drain. 3. It is submitted on behalf of the petitioner that Municipal Commissioner has passed order dated 18.10.2010 and in the light of the said order petitioner may be permitted to withdraw the writ petition so as to enable the Municipal Commissioner to review the - 2 - order dated 26.5.2008, Annexure-1 as the issues involved in the matter has already been considered by the Municipal Commissioner under order dated 18.10.2010 in the light of the report dated 27.2.2009 of the Junior Engineer referred to in the order dated 18.10.2010. 4. With the liberty aforesaid, the writ petition is permitted to be withdrawn. The review sought for by the petitioner be considered by the Municipal Commissioner, as early as possible, in any case within a reasonable time not exceeding three months from the date of receipt of this order by the Municipal Commissioner. Rajesh/ (V.N. Sinha, J.)