IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.125 of 2008
RAMA SHANKAR SINGH
Versus
THE STATE OF BIHAR & ORS
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For the Appellants :- Mr. Arun Bihari Mathur, Sr. Adv.
with Mr. Anshay Bahadur Mathur
For the Respondents :- Mr. Sanjay Kumar No. 2, G.P.15
Mr. Sunil Kumar Ravi, J.C.
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PRESENT
Hon’ble the Chief Justice
And
Hon’ble Mr. Justice Kishore K. Mandal,
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Dated, the 1st July, 2008.
Mr. Arun Bihari Mathur, counsel for the appellant,
relies upon a Full Bench decision of this Court in the case of
Seikh Haider Zan Vs. Md.Yusuf Ansari and another [2000
(2) PLJR, 338] in support of his contention that the
appellant may be given opportunity to establish his right,
title and interest in appropriate civil proceedings by filing
suit. If such right is available, we observe that it is for the
appellant to establish such right, title or interest and also
satisfy the maintainability of such suit if an occasion arises.
In the light of what we have observed above,
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counsel for the appellant prays for withdrawal of the appeal.
The appeal is allowed to be withdrawn with liberty as
prayed.
R. M. Lodha, C.J.,
Kishore K. Mandal, J.
AMIN