IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1971 of 2007 1. CHIEF CONSERVATOR OF FORESTS, Technology Bhawan, IV Floor of Vishveshwaraiya Building, Punaichak, Patna 2. Divisional Forest Officer, Gaya Forest Division, Mohalla – New Karimganj, P.S. Civil Lines, Town and District Gaya …. Defendants… Appellants … Petitioners Versus 1. MD.SHAKIR , son of late Abdul Razzaque @ Rajaq Mian, resident of village Bhusunda, P.S. Mofassil, District Gaya . ….. Plaintiff …. Respondent ….. Opp. Party 2. The State of Biahr through the Collector, Gaya …. Defendant … Respondent. .. Opp. Party ----------- For the petitioners : Mr. Uday Bhanu Roy, G.A. 4te For the State : Mr. Anshuman Singh, A.C. to AAG III 3 19.03.2010 Learned counsel for the petitioner fairly submits that maintainable in view of the law laid down by the Apex Court in Surya Devi Rai v. Ram Chander Rai and others [2003(6) SCC 675] as well as by a Bench of this Court in Smt. Mina Devi v. Smt. Jagtarni Devi & Anr. [2008(2) PLJR 451] as well as an unreported decision of this Court in C.R. No. 1377 of 2006 (Uma Shankar & ors. v. Dr. Hamid Hussain & anr.). civil revision may not be maintainable against the order passed by the appellate court altering, modifying, affirming or setting aside the order of trial court pass under Order XXXIX, Rule 1 of the Code of Civil 2 Procedure. Thus, learned counsel for the petitioner seeks permission to withdraw this application to avail any other remedy available under law to the petitioner. In the above view of the matter, this Civil Revision is dismissed as withdrawn. Spd/- (Dr. Ravi Ranjan, J.)