Laxman Singh Pahan vs State Of Jharkhand

The instant appeal, under clause 10 of the Letters Patent, is directed against the judgment/order dated 23.04.2018 passed by the learned Single Judge of this Court in W.P. (C) No.6466 of 2007 by which the writ petition has been declared to be abated.

Mr. Ajay Kumar Trivedi, learned counsel appearing for the appellants, has submitted that the issue involved in this case is with respect to the legality and propriety of the order passed by the revenue authority under the provision of Bihar Tenants Holding (Maintenance of Records) Act, 1973.

It has been submitted that since the case has been abated and, as such, the appellant is now remediless in view of the abatement of the writ petition by the learned Single Judge.

Mr. Ratnesh Kumar, learned S.C.(L&C)-I appearing for the State of Jharkhand, has submitted that the order of abatement was passed in the year 2018.

The appellant had preferred a petition before the same court for setting aside the order of abatement in the light of the provision as contained under Order XXII Rule 9(2) of the Code of Civil Procedure, 1908 but the same has been withdrawn vide order dated 23.12.2022 passed in C.M.P. No.463 of 2022.

Learned State counsel, however, has submitted that there is serious dispute of possession and title over the property in question, hence, the proper remedy of the appellants lies before the competent court of civil jurisdiction.

Mr. Trivedi, learned counsel for the appellants, upon this, has sought for leave of this Court to withdraw this appeal with a liberty to file suit before the competent court of civil jurisdiction for declaration of right and title.

There is no opposition on behalf of learned State counsel on the said prayer.

Considering the same, the instant appeal is dismissed as withdrawn.

However, it is left open upon the appellant to approach the competent court of civil jurisdiction for declaration of right and title over the property in question, which, if filed, will be decided in accordance with law.