IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1155 of 2009 1. Ram Prasad Mehta 2. Parmeshwar Mehta 3. Rameshwar Mehta 4. Kameshwar Mehta All sons of Musahart Mehta resident of village- Satainpatti P. S.- Ratanpura, Distt. Supaul. … Plaintiff Ist party 5. Kusheshwar Mehta 6. Laxman Mehta Both sons of late Kishun Mehta. Resident of village- Satainpatti, P. S. Ratanpura, Distt- Supaul. .. Plaintiff 2nd party 7. Kabetari Devi Devi @ Savitri Devi wife of Chitharain Mehta, resident of village- Satainpatti, P. S.- Ratanpura, Distt- Supaul. … Plaintiff 3rd Party. 8. Bibi Ainul wife of Sheikh Zuman resident of village- Narpatpatti, P.S. Ratanpura, Distt- Supaul. … Plaintiff 4th party … Petitioners/Appellants Versus 1. The State Of Bihar 2. The Collector, Supaul 3. Commissioner, Koshi Division, Saharsa 4. Land Restoration Officer, Birpur, Supaul 5. Sheikh Majid son of late Astimullah of village- Narpatti, P.S. Ratanpura, Distt- Supaul … Defendant/Respondents.. … Respondents/Respondents ----------- For the appellant : Mr. Anil Mukund, Adv. For the State : Mr. Amish Kumar, J. C. to SC-18 ----------- 2. 18.02.2010 Heard Mr. Anil Mukund, learned counsel for the appellants and Mr. Amish Kumar, learned counsel for the State. In this intra-court appeal, the singular question that arises for consideration whether the order of the 2 learned single Judge passed on 7.8.2009 in CWJC No. 9100 of 2009 is defensible inasmuch as she has declined to interfere on the foundation that on an earlier occasion this Court in CWJC No. 11056 of 2003 had after some argument granted permission to the appellants to withdraw the writ petition and the resultant was dismissal of writ petition as withdrawn. In our considered opinion, when the matter was heard at great length in CWJC No. 11056 of 2003 against the same order and the learned counsel who had appeared at that time after arguing for some time, sought withdrawal which entailed in dismissal of the writ petition, the second writ petition would not lie for the same cause of action. In the result, the appeal, being devoid of any merit, stands dismissed in limine. kanchan (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)