IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4237 of 2003 DATA RAM MISHRA Versus THE STATE OF BIHAR & ORS ----------- 12 2/2/2009 Heard counsel for the parties. Reference may be made to the order of this Court dated 9.1.2009. Pursuant thereto 3rd supplementary counter affidavit has been filed by the District Magistrate, Samastipur who in paragraph no. 4 and 5 has made the following statements:- “4.That besides the facts already mentioned in the counter affidavit No.12624 dated 07.05.2008, First Supplementary counter Affidavit No. 2483 dated 21.08.2008 and the second Supplementary Counter Affidavit No.3444 dated 15.10.2008 filed on behalf of the State Respondents it is hereby submitted the following relevant facts which has got direct concern in respect of the Compliance of the interim order dated 09.01.2009 passed by this Hon’ble High Court, details of which are as follows:- a). That no sooner than the interim order dated 09.01.2009 passed by the Hon’ble High Court communicated through the office of the Standing Counsel NO.05 Patna High Court, to the Respondent No.2 The District Magistrate, Samastipur on 12.01.2009, immediately the District Magistrate, Samastipur enclosing with the copy of interim order dated 09.01.2009 directed the Circle Officer, Khanpur vide letter No. 2 165/C.G., dated 13.01.2009 to ensure Compliance and send report in this regard. A copy of letter No. 165/C.G. dated 13.01.2009 was also given to the Superintendent of Police, Samastipur and to the Sub- Divisional Magistrate, Samastipur to do the needful in respect of ensuring the compliance of the interim order dated 09.01.2009 passed by the Hon’ble High Court. b). That the Circle Officer, Khanpur vide his letter No. 19 dated 27.01.2009 reported that in compliance of the interim order dated 09.01.2009 of the Hon’ble High Court, he has delivered the possession of the land in question to the writ petitioner i.e., Data Ram Mishra and in a token of which the writ petitioner, Data Ram Mishra has submitted his written statement on 27.01.2009 that he has got possession over the land in question. 5. That from the aforesaid facts and the Annexures attached in support, it will be evident that the interim order dated 09.01.2009 of the Hon’ble High Court passed in C.W.J.C. No. 4237 of 2003 Data Ram Mishra Versus The State of Bihar has already been complied with and hence further proceeding of the present writ petition is fit to be dropped.” In view of the aforementioned stand taken by the respondent in their third supplementary counter affidavit, counsel for the petitioner seeks permission to withdraw this application. 3 Such prayer for withdrawal of the writ application is being opposed by the intervener respondent. In the opinion of this Court, lis was brought to this Court by the petitioner and therefore he is the person who has an option to continue with his case. Once he chooses to withdraw this application any objection to be raised by the intervener respondent has to be only noted for its being rejected. This Court can also not ignore the fact that as against the order dated 9.1.2009 as referred to in the affidavit of the District Magistrate the intervener respondent had filed L.P.A. no. 76 of 2009 which was dismissed by an order of this court dated 22.1.2009. That being so, this application is dismissed as withdrawn. (Mihir Kumar Jha, J.) Abhay Kumar