IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3855 of 2006 1. MIR HASSAN WAQF ESTATE, BRAHAMPURA, P.O. M.I.T., P.S. BRAHAMPURA, DISTRICT- MUZAFFARPUR, THROUGH ITS MOTWALLI, SYED SHAMIM HASSAN, SON OF SYED SABBIR HASSAI ALIAS IMRAN. 2. SYED SHAMIM HASSAN, SON OF SYED SABBIR HASSAN, MATWALLI MIR HASSAN WAQF ESTATE NO. 60,60A, 60B OF MOHALLA- BRAHMPURA TOWN, MUZAFFARPUR, P.S. BRAMPURA, MUNSIFI MUZAFFARPUR, EAST, DISTRICT- MUZAFFARPUR :-- PETITIONERS. Versus 1. THE STATE OF BIHAR 2. SYED ZAKI HASSAN, SON OF LATE SYED NAKI HASSAN. 3. SYED WAZIR HASSAN, SON OF LATE SYED NAKI HASSAN. 4. BIBI FIZU BEGAM, WIFE OF LATE SYED IBRE HASSAN. 5. AMAMA BEGAM, WIFE OF WAZIR HASSAN. 6. SYED HASSAN MUSA RAZVI, SON OF LATE ALI MUSA. 7. SYED IMTEYAZ ABILI, SON OF LATE SYED ISTEYAQE HASSAN. 8. SYED ALAMDAR HASSAN JAGRI, SON OF SYED ALI JAFRI. ALL RESPONDENT NOS. 2 TO 8, RESIDENTS OF MOHALLA- BRAHAMPURA, P.S.- BRAHAMPURA, P.O.- M.I.T., MUZAFFARPUR, DISTRICT- MUZAFFARPUR :--- RESPONDENTS. ----------- 2. 24.02.2011. Heard learned counsel for the petitioners and the State. 2. Petitioners are aggrieved by the order dated 22.12.2005 passed by permanent Lok Adalat, Muzaffarpur in Title Suit No. 11/2002, Annexure-4, whereunder said title suit has been permitted to be withdrawn in the light of the petition of the plaintiff dated 16.05.2005. 3. It is submitted on behalf of the petitioners that they were the plaintiffs in the aforesaid Title Suit No. 11 of 2002 and had filed petition dated 16.5.2005 for withdrawal of the said suit but before the petition - 2 - dated 16.05.2005 could be considered and allowed they filed another petition dated 14.12.2005 for withdrawal of petition dated 16.5.2005. Without considering the said petition dated 14.12.2005 the court below transferred the title suit to the permanent Lok Adalat and the permanent Lok Adalat without taking into account the subsequent petition dated 14.12.2005 allowed the title suit to be withdrawn in the light of the prayer made in the earlier petition dated 16.5.2005. 4. According to the petitioners, Title Suit No. 11 of 2002 has been permitted to be withdrawn in the light of the petition dated 16.5.2005 without considering the subsequent petition dated 14.12.2005. In the circumstances, the writ petition is disposed of granting liberty to the petitioners to file another suit praying, inter alia, to declare that Award passed by the permanent Lok Adalat, Muzaffarpur in Title Suit No. 11 of 2002 shall not bind the petitioners as the same has been passed without taking into account the subsequent petition dated 14.12.2005. P.K.P. (V.N.Sinha,J.)