IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1922 of 2001 RAJO MANDAL @ RAJO SINGH & ORS Versus THE STATE OF BIHAR & ORS ----------- 10. 15.09.2008. Counsel for the Private Respondent No. 4 has filed counter affidavit annexing fresh Vakalatnama which is taken on record. 2. Impugned order in the instant case is dated 3.7.1996 passed by the Deputy Collector, Land Reforms, Dhamdaha, Purnia, Respondent No.3 in case No. 70 of 1995-96, Annexure-2 whereunder a proceeding under Section 48E of the Bihar Tenancy Act between Raghunandan Mandal and Daulat Singh & Ors. was not initiated. Raghunandan Mandal is the father of the petitioners and he died after passing of the said order dated 3.7.1996. As the petitioners were not party in Case No. 70 of 1995-96, the order dated 3.7.1996 is not binding on them and from the counter affidavit itself it appears that the petitioners have also raised their separate Bataidari dispute Vide Case No. 24 of 2003 before the Deputy Collector, Land Reforms, Dhamdaha on 19.5.2003, which counsel for the Private Respondent No. 4 states is still pending. In the circumstances, this writ application is permitted to be withdrawn with liberty to the petitioners to pursue Case No. 24 of 2003 before - 2 - the Deputy Collector, Land Reforms, Respondent No.3. In the event the said case has been dismissed for default then the petitioners shall be at liberty to raise fresh Bataidari dispute. 3. With the liberty aforesaid this writ application is dismissed as withdrawn. Rajesh/ (V.N.Sinha, J.)