IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.250 of 2009 1. Paras Bhagat son of Late Shiv Nandan Bhagat 2. Dip Narayan Bhagat son of Late Ritu Bhagat 3. Haribansh Bhagat son of Late Ashari Bhagat 4. Jagdish Sah son of late Mathura Sah All residents of village Arjun Chhapra, P.S. Dumria Ghat, District East Champaran at Motihari. Versus THE STATE OF BIHAR & ORS ----------- 3 13/04/2009 This Letters Patent Appeal is directed against the order dated 5.2.2009 passed by the learned Single Judge in C.W.J.C. No. 18893 of 2008 by which he dismissed the writ petition. The petitioners challenge the order dated 14.2.2008 passed by the Sub-divisional Magistrate, Chakia, Motihari in Case no. 31 of 2008 in a proceeding under section 144 of the Code of Criminal Procedure. The writ petition was dismissed by the learned Single Judge on a preliminary objection that the writ petition was not maintainable under the law and they have remedy under the Code of Criminal Procedure. When at the time of hearing of this appeal it was pointed out that the appellants can approach the Civil Court of competent jurisdiction if they have got title and possession in their favour or if they have got a ceiling case they can approach that Court and the petitioners have also got remedy under the Code of Criminal Procedure to challenge the order of the Sub-divisional Magistrate, learned counsel for the appellants sought permission to withdraw the appeal as also the writ application to avail other remedy available to them under the law. In fact while passing impugned order, it is only - 2 - stated that the civil writ application is not maintainable. In the circumstances set forth above, this Letters Patent Appeal is permitted to be withdrawn with liberty to the petitioners- appellants to avail any other remedies available to them under the law. (J. B. Koshy, CJ.) (Dr. Ravi Ranjan, J.) AMIN