IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.975 of 2007 RAMCHANDRA MANDAL, SON OF LATE KOSI MANDAL, RESIDENCE OF VILLAGE AND POST OFFICE-DASAUT, TOLA-BHANPUR, P.S. HATHAURI, DISTRICT-SAMASTIPUR (BIHAR)……………………………….(PLAINTIFF) PETITIONER. Versus 1. THE STATE OF BIHAR, THROUGH ANCHAL ADHIKARI, SHIVAJEE NAGAR ANCHAL, DISTRICT-SAMASTIPUR (BIHAR). 2. DILIP MANDAL, SON OF BIJAL MANDAL, RESIDENT OF VILLAGE-BHANPUR, POST OFFICE-DASAUT, P.S. HATHAURI, DISTRICT-SAMASTIPUR (BIHAR). ………………………(RESPONDENTS) OPPOSITE PARTIES. ----------- For the Petitioner : Mr. B.N. Sinha ‘Suman’, Advocate. ----------- 2. 3.2.2010. Learned counsel for the petitioner fairly submits that in view of the law laid down by the Apex Court in Shiv Shakti Coop. Housing Society, Nagpur Vs. Swaraj Developers and others, reported in (2003)6 Supreme Court Cases 659 and Surya Dev Rai Vs. Ram Chander Rai and others reported in (2003)6 Supreme Court Cases 675, this Civil Revision would not be maintainable but in that case, as had been held by the Supreme Court in the aforesaid cases, the bar created by the proviso to Section 115(1) of the Code of Civil Procedure cannot take away the right of the petitioner in 2 challenging the impugned order by taking recourse of filing the writ application under Article 227 of the Constitution of India. In that view of the matter, learned counsel for the petitioner seeks permission to withdraw this Civil Revision to avail any other remedy available to him under law. In that view of the matter, this Civil Revision is dismissed as withdrawn. P.S. (Dr. Ravi Ranjan, J)