IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.871 of 2007 Mahendra Sah, son of Tuntun sah, resident of Village-Raghayapura, Police Station- Bisfi Patauna, Dsitrict- Madhubani ----- Petitioner. Versus 1. The State of Bihar 2. The Collector, Madhubani 3. The Deputy Collector Land Reforms cum Bataidari Magistrate, Benipatti, District- Madhubani 4. The Sub-Divisional Officer cum Bataidari Magistrate, Benipatti, District- Madhubani. 5. Circle Officer, Bisfi, District- Madhubani -- ---- Respondents. 4. 15.1.2009 Heard Mr. Ajay Kumar Thakur for the petitioner, and Mr. Mr. Nirmal Kumar Sinha, learned Junior Counsel to Additional advocate General No.2. This writ petition is directed against the order dated 10.1.2001 (Annexure-1 series), passed by the learned Bataidari Magistrate-cum- Sub Divisional Officer, Benipatti in Bataidari Case No. 51 of 1993-94, in terms of the section 48(D) of the Bihar Tenancy Act. Learned Government counsel raises a preliminary objection as to the maintainability of the writ petition and submits that the petitioner has approached this Court without exhausting statutory remedy of appeal. In that view of the matter, as prayed for by learned counsel for the petitioner, this writ petition is permitted to be withdrawn with the liberty to approach the learned appellate authority which, if preferred within a period of six weeks’ from today, shall be disposed of on merits. The writ petition is accordingly disposed of. Vinay/ ( S. K. Katriar , J.)