IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7628 of 2007 MAHABIR SINGH, Son of Kuldeep Singh, resident of village –Hari Chapra, PS Dumra, District Sitamarhi ….Petitioner Versus 1. THE STATE OF BIHAR 2. The Joint Director of Consolidation, Muzaffarpur, District Muzaffarpur 3. The Deputy Director of Consolidation, Sitamarhi, District Sitamarhi 4. The Consolidation Officer, Dumra, PS & Anchal – Dumra, district Sitamarhi 5. Suryadeo Singh, son of Jainath Singh, resident of village _ Hari Chappra, PS & Anchal Dumra, District Sitamarhi 6. Smt. Jhuner Devi, wife of Tilak Mahto, resident of village – Bariyarpur Tole Lapti, PS & Anchal Dumra, District Sitamarhi, daughter of Ram Dheyan Singh of village – Hari Chapra, PS & Anchal Dumra, District Sitamarhi ……….. ………Respondents ----------- -2 5.2.2009 Heard Mr. Nawal Kishore Prasad for the petitioner, and learned AC to Government Advocate No.I. This writ petition is directed against the order dated 21.3.2007, passed by the learned Joint Director, Consolidation, Muzaffarpur, in Case no. 45/2000 (Suryadeo Singh vs. Mahavir Singh), in purported exercise of powers under Section 35 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act. Respondent nos. 5 and 6 claim title to the property in question by being khatiani raiyats. On the other hand, the present petitioner claims title to the same by means of registered deed. The issues relate to right, title and interest. Faced with the situation, learned counsel for the petitioner seeks permission to withdraw this writ petition in order to institute a civil suit in a court of competent jurisdiction. 2. The writ petition is permitted to be withdrawn. It is made - 2 - clear that this order should not be taken to be an expression of the views of the Court as to the maintainability or the merits of the proposed civil suit. ( S K Katriar ) mrl