IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4527 of 2008 ARUN PRASAD, son of late Ishwar Chand Prasad, resident of Mohalla – Marwari Bazar, PS Samastipur, District Samastipur ......Petitioner Versus 1. THE STATE OF BIHAR 2. The Sub Divisional Magistrate cum Rent Controller, Samastipur, District Samastipur 3. Sardar Papindra Singh Son of late Sardar Gulab Singh, resident of Mohalla – Gudri Bazar, Ward No.6, PS Samastipur, District Samastipur ...... Respondents ----------- 02- 19/5/2011 Heard Mr. Bajrangi Lal for the petitioner, and learned Assistant Counsel to AAG XI for respondent nos. 1 and 2. This writ petition is directed against the order dated 8.1.2008, passed by the learned Sub Divisional Magistrate-cum-Rent Controller, Samastipur, in Misc. Case no.7/2006. Learned counsel for respondent nos. 1 and 2 raises a preliminary objection as to the maintainability of this writ petition, and submits that the petitioner has approached this Court without exhausting the statutory remedies available to him in law. Faced with the situation, learned counsel for the petitioner seeks permission to withdraw the writ petition to avail of the statutory remedy. 2. The writ petition is accordingly disposed of. In case the appeal is filed within a period of six weeks from today, then the appeal shall not be dismissed on the ground of delay and shall be disposed of on merits. mrl ( S K Katriar )