IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3333 of 2005 MASTAN KHAN, SON OF LATE ALLAUDIN KHAN, RESIDENT OF VILLAGE-SONBARSHA, P.S. JIBI NAGAR (TARBARA), DISTRICT-SIWAN…………………..PETITIONER. Versus 1. THE STATE OF BIHAR. 2. THE COMMISSIONER-CUM-SECRETARY, EDUCATION DEPARTMENT, GOVERNMENT OF BIHAR, NEW SECRETARIAT, PATNA. 3. THE DISTRICT MAGISTRATE, SIWAN, DISTRICT- SIWAN. 4. THE DISTRICT EDUCATION OFFICER, SIWAN, DISTRICT-SIWAN. 5. THE SUB-DIVISIONAL OFFICER, MAHARAJGANJ, DISTRICT-SIWAN. 6. THE CIRCLE OFFICER, MAHARAJGANJ, DISTRICT- MUZAFFARPUR. …………………………………………………RESPONDENTS. ----------- 2/ 18-05-2011 Heard learned counsel for the petitioner, learned A.C. to Standing Counsel No. 21 as also learned counsel appearing on behalf of the intervenors. A counter-affidavit has been filed on behalf of respondent nos. 3, 5 and 6 in the present proceeding, wherein entire claim made on behalf of the petitioner that the land in question belongs to Madarsha Islamiya Arbiya Naimiyan School, situate at village- Sonbarsa in the district of Siwan, has been disputed and it has been asserted by the respondents that the land in question is a raiyati land, not belonging to the school in question. In view of the averments made in the counter- 2 affidavit, learned counsel for the petitioner seeks permission to withdraw the present writ petition. Permission is accorded. Writ petition stands dismissed as withdrawn. BTiwary/ ( Birendra Prasad Verma,J)