IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8246 of 2007 MD.HASIB, Son of Late Md. Ishaque, Resident of Village & P.O. Ghoshbari, Poilice Station Bakhtiyarpur, District Patna …….. Petitioner Versus 1. THE STATE OF BIHAR 2. The Additional Collector, Nalanda at Biharsharif 3. The DCLR, Nalanda at Biharsharif 4. The Circle Officer, Noor Sarai (Nalanda) 5. Mod. Abdul Hafiz, Son of Sk. Samshu Resident of Village – Andhana, Police Station – Noorsarai, District Nalanda …. Respondents ----------- 02- 10.2.2009 Heard Mr. Mukul Prasad for the petitioner, learned AC to Mr. Ahsanuddin Amanullah, learned Standing Counsel 17, and Mr. R K P Singh for respondent no.5. This writ petition is directed against the order dated 1.8.2006 (Annexure 7), passed by learned Anchal Adhikari, Noorsarai, in Mutation Case No.217/06-07, whereby he has upheld his earlier order dated 225.3.83 (Annexure 6), passed in Mutation Case No. 14/1982-83, whereby the lands in question were directed to be mutated in the name of respondent no.5 herein. 2. Learned counsel for respondent no.5 raises two fold preliminary objections before this Court. He submits that the present petitioner had filed a review application in order to fill up the time-lag after the order dated 25.3.83 (Annexure 6) was passed. He next submits that the petitioner has rushed to this Court without exhausting the statutory remedy of appeal available to him under the Bihar Tenants’ Holdings (Maintenance of Records) Act. Learned counsel for the petitioner submits that he claims mutation with respect to the lands in question on the strength of the judgment of the civil court followed by delivery of possession through the court. - 2 - 3. Faced with the situation, learned counsel for the petitioner seeks permission to withdraw this writ petition to exhaust the statutory remedy of appeal available to him which, if preferred within a period of 30 days from today, shall be disposed of on merits and the lapse of time shall not come in his way. 4. The writ petition is dismissed as withdrawn with the above observations. ( S K Katriar ) mrl