IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.15496 of 2006 1. Bengali Mali Shebait son of Sri Ram Kishun Bhagat Shebait, resident of Diwan Mohalla, Hamam, P.S. Khajekalan, Town and District- Patna, Shebait, Shitla Mata Mandir, Agam Kuan, P.S. Alamganj, District- Patna, 2. Shree Shitla Mata Mandir, Agam Kuan, P.S. Alamganj, Town and District- Patna through its Shebait….. ….Petitioners Versus 1. Bihar State Religious Trust Board, Vidyapati Marg, Patna-1 through its Administrator, 2. Administrator-cum-Special Work Officer, Bihar State Religious Trust Board, Vidyapati Marg, Patna…… …Respondents ………. For the Petitioners : Mr. Devendra Kr. Sinha, Sr. Advocate, Mr. Pramod Kumar, Advocate For the Respondents : Mr. Shekar Singh, Advocate …………. 5 18.08.2011 A counter affidavit has been filed on behalf of the Bihar State Religious Trust Board, wherein a stand has been taken that the concerned “Shitla Mata Mandir, Agam Kuan” is a public trust registered with the Bihar State Religious Trusts Board its registration no. being 3677. It has also been stated in Paragraph 3 that the petitioners have filed Misc. Case No.12 of 2007 against the impugned order as contained in Annexure 6. 2 Learned counsel for the petitioners submits that the aforesaid case has been filed by his brother, Lal Babu Pujari, he has shown the name of petitioner no.1 as a joint Shebait of the Mata Temple. However, it is submitted that the he has not been made a party to that proceeding. In above view of the matter, learned counsel for the petitioners seeks permission to withdraw this writ application to challenge the impugned order as well as order, whereby the Trust has been declared as public Trust, before the appropriate forum which would be available to the petitioners under the law. Learned counsel appearing for the respondents does not have any objection to that. Accordingly, this writ application is dismissed as withdrawn with the aforesaid liberty. If such an application is filed before the appropriate forum by the petitioners, let 3 the same be decided on its own merit and in accordance with law. Sanjay-II ( Dr. Ravi Ranjan, J.)