IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.125 of 2008 RAMA SHANKAR SINGH Versus THE STATE OF BIHAR & ORS ----------- For the Appellants :- Mr. Arun Bihari Mathur, Sr. Adv. with Mr. Anshay Bahadur Mathur For the Respondents :- Mr. Sanjay Kumar No. 2, G.P.15 Mr. Sunil Kumar Ravi, J.C. ---- P R E S E N T Hon’ble the Chief Justice And Hon’ble Mr. Justice Kishore K. Mandal, ----- Dated, the 1st July, 2008. Mr. Arun Bihari Mathur, counsel for the appellant, relies upon a Full Bench decision of this Court in the case of Seikh Haider Zan Vs. Md.Yusuf Ansari and another [2000 (2) PLJR, 338] in support of his contention that the appellant may be given opportunity to establish his right, title and interest in appropriate civil proceedings by filing suit. If such right is available, we observe that it is for the appellant to establish such right, title or interest and also satisfy the maintainability of such suit if an occasion arises. In the light of what we have observed above, - 2 - counsel for the appellant prays for withdrawal of the appeal. The appeal is allowed to be withdrawn with liberty as prayed. R. M. Lodha, C.J., Kishore K. Mandal, J. AMIN