IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17432 of 2009 1. YASHWANT SINGH S/OLATE VISHWANATH SINGH R/O THANA ROAD, BHAGWAN BAZAR, P.S- BHAGWAN BAZAR, CHHAPRA TOWN, DISTT- SARAN AT CHAPARA Versus 1. THE STATE OF BIHAR THROUGH PRINCIPAL SECRETARY, PANCHAYATI RAJ, OLD SECRETARIATE BIHAR, PATNA 2. UNION OF INDIA THROUGH RAILWAY MINISTRY, GOVT. OF INDIA NEW DELHI 3. NORTH EASTERN RAILWAY, GORAKHPUR, THROUGH ITS GENERAL MANAGER 4. GENERAL MANAGER, N.E.RAILWAY, GORAKHPUR 5. SR. DIVISIONAL MANAGER, N.E. RAILWAY, VARANASI 6. ASSISTANT DIVISIONAL ENGINEER, N.E. RAILWAY, CHAPRA, DISTT- SARAN AT CHAPRA 7. ESTATE OFFICER, N.E. RAILWAY, VARANASI 8. DISTRICT BOARD NOW KNOWN AS ZILA PANCHAYAT SARAN THROUGH DISTRICT DEVELOPMENT OFFICER CUM CHIEF EXECUTIVE OFFICER, SARAN AT CHAPRA 9. DISTRICT DEVELOPMENT OFFICER, SARAN AT CHAPRA 10. COLLECTOR, SARAN AT CHAPRA 11. THE ESTATE OFFIER, N.E. RAILWAY, VARANASI For the Petitioner:- Mr. Rakesh Kumar & Mr. Sarvesh Kumar Singh, Advocates For the State:- Mr. A. Manullah, G.A. No.-4 & Mr. M.K. Pathak, A.C. to G.A.-4 For Respondent Nos. 2 to 7:- Mr. Anuj Singh, Advocate ----------- 02. 04.01.2011 Learned counsel for the respondent Railways raises a preliminary objection to the alternative remedy of appeal available before the District Judge concerned in view of the fact that the impugned order has passed by the Estate Officer in exercise of powers under the Public Premises (Eviction of Unauthorized Occupant) Act 1971. In that view of the matter, leave is sought to withdraw the application to avail the alternative remedy before the statutory appellate authority. Nothing in this order shall denude the appellate 2 authority from exercise of his discretionary powers under Section 9 Sub-Section 2 proviso of the Act to condone the delay in filing of the appeal if the petitioner so requests. The writ application is thus permitted to withdrawn to avail the alternative remedy in accordance with law. P.K ( Navin Sinha, J.)