IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.9358 of 2011 1. Sheonath Bhagat , son of late Suraj Bhagat, 2. Sk. Ashraf son of Sheikh Shahab Husain, Both resident of village Rasauli, P.S. Mashrakh now Panapur, District-Saran… ….Petitioners Versus 1. The State Of Bihar, 2. The Collector, Saran, 3. The Anchal Adhikari, Panpur, District-Saran, 4. The Sub Divisional Maraurha District-Saran.. ….Respondents ----------- For the Petitioner : Mr. S.M. Nematullah, Mr. Md. Anisur Rahman, Advocates For the State : Mr. D.K. Sinha, A.A.G.II, Smt. Shail Kumari, S.C. 15 ….……………….. 4 12.09.2011 Mr. D. K. Sinha, learned Additional Advocate General-II, appears on behalf of the State and submits that the impugned notice as contained in Annexure-1 is not a final order rather it is a notice issued to the petitioners. That cannot be treated as final order passed against the petitioners pursuant to the order passed by the Collector as contained in Annexure-5. In view of the aforesaid submission made on behalf of the State, learned counsel for the petitioners seeks permission to withdraw this application to move before the concerned Anchal Adhikari by filing a fresh application. 2 Learned counsel appearing for the State does not have any objection. Permission is accorded. Accordingly, this writ application is dismissed as withdrawn with the aforesaid liberty granted to the petitioners. If such application is filed before the concerned Anchal Adhikari, then it should be considered on its own merit and in accordance with law without being prejudiced by the impugned notice contained in Annexure-1. Sanjay-II ( Dr. Ravi Ranjan, J.)