IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3049 of 2011 JAMSHED ALAM S/O LATE ALIMUDDIN, R/O VILL. CHANMANA P.S. POTHIA, DIST. KISHANGANJ, --- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE D.C.L.R. KISHANGANJ 3. MAHTAB ALAM SON OF LATE PIYASU R/O VILL. CHANMANA, P.S. POTHIA, DIST. KISHANGANJ 4. ABEDA W/O MD. ISRAIL, D/O HIRAMAN NISA R/O VILL. ILUABARI P.S. ISLAMPUR, DIST. UTTAR DINAJPUR (WEST BENGAL) 5. MD. ALAUDDIN SON OF LATE JUNAB ALI R/O VILL CHANMANA P.S. POTHIA, DIST. KISHANGANJ ---RESPONDENTS. ----------- 02 23.02.2011 Heard learned counsel for the petitioner and the State. Petitioner claims himself to be the bataidar. Earlier his application was allowed by order dated 21.07.2009 (Annexure- 1) on the basis of an affidavit filed by one Most. Hiraman Nisa who claiming herself to be the land owner of the disputed land supported the case of the petitioner. Aggrieved by the said order, respondent no.5 filed writ petition before this Court which was disposed of vide order dated 01.12.2009(Annexure-2) with certain observations/directions. Respondent no.5, in view of the observations/directions made in the order (Annexure-2) filed a Misc. petition before the respondent D.C.L.R. Said matter was again reopened and heard in presence of parties whereafter it was found that the claim of bataidari rights raised by the writ petitioner was not maintainable. Respondent D.C.L.R. recorded adequate reasons therefor. Said order has been impugned in the present writ petition. 2 After some arguments, learned counsel for the petitioner submits that impugned order is appelable in terms of the provisions contained under Section 48F of the Bihar Tenancy Act and he would, therefore, seek permission of this Court to withdraw this application in order to file appeal along with an application seeking condonation of delay on the ground that petitioner had been pursuing present remedy before this Court. Learned counsel for the State has no objection to the aforesaid stand taken by the petitioner. Accordingly, the application is permitted to be withdrawn with the liberty aforesaid. Sym/ ( Kishore K. Mandal, J.)