IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12745 of 2005 BINAY SHARMA & ORS Versus THE STATE OF BIHAR & ORS ----------- 4. 1.4.2009 Heard counsel for the petitioners and the counsel for the respondents. Reference may be made to the earlier order of this Court whereby both the Circle Officers were directed to appear to explain as to how the petitioners’ land was subjected to an order for restraining them from making any construction over the same. Pursuant thereto, the present Circle Officer as well as the Circle Officer who has passed such an order have appeared and have filed their respective counter affidavit. After some argument counsel for the petitioners in the light of the stand taken in the counter affidavit would seek permission to withdraw this application with a liberty to approach the appropriate civil court. This application is accordingly dismissed as withdrawn. Counsel for the State, however, records his strong objection to the said 2 withdrawal of the writ application because the petitioners have raised construction over the Government land. If that be so the Circle Officer will be at liberty to take action in accordance with law as with regard to removal of any encroachment on the Government land. Personal appearance of both the Circle Officers is hereby dispensed with. (Mihir Kumar Jha,J.) Surendra/