IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3541 of 2011 MD.HABIB S/O SK. KASIMUDDIN R/O VILL. DUMARIA P.S. RANIGANJ, DIST. ARARIA --- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE COLLECTOR, ARARIA 3. THE DEPUTY COLLECTOR LAND REFORM ARARIA 4. THE ADDITIONAL SUB DIVISIONAL OFFICER, ARARIA 5. BIBI HASINA W/O LATE SK. MANAUWAR ALI R/O VILL. BISTORIA TOLA DUMARIA P.S. RANIGANJ, DIST. ARARIA. --- RESPONDENTS. For the petitioner : Mr. Anil Prasad Singh, Advocate. For the State : Mr. R. R. Sinha, G.P. XIX ----------- 02 25.02.2011 Heard both sides. Petitioner claims to be a purchaser of land(s) detailed in paragraph no. 4. It is the stand of the petitioner that the aforesaid land(s) along with other land(s) were purchased by one Shiv Narayan Mahto on 30.04.1969, from husband of respondent no.5. A ceiling proceeding vide L.C. case no. 83 of 1973-74 was initiated against one Sk. Mohammad @ Sk. Mohammad Ali in which respondent no. 5 was granted one unit and she was allowed to retain 33.75 acres of Class III lands whereas 14.85 acres of Class III lands were declared surplus. Such alienation was made in the year 1976. It does not appear from the order sheet of the said case that any such alienation made by husband of respondent no.5 was put as an issue. Considering the said aspect of the matter as also the fact that the petitioner is a purchaser of land in the year 1987 and is raising a grievance with regard to an adjudication made in the year 1976 itself, this Court is not 2 inclined to interfere with the order impugned and grant relief to the petitioner. At this stage learned counsel for the petitioner submits that he may be permitted to withdraw this application in order to take recourse to other remedy available to him in law. Permission is accorded. The application is permitted to be withdrawn with the liberty aforesaid. Sym/ ( Kishore K. Mandal, J.)