Ajit RamversusThe Union of India

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Letters Patent Appeal No.71 of 2024
                                                        In
                                Civil Writ Jurisdiction Case No.9550 of 2023
                 ======================================================
                 Ajit Ram Son of Late Ram Kishun Ram Resident of Village - Pacham Gumti,
                 P.O. - Pacham, P.S.- Kiul, District Lakhisarai,

                                                                            ... ... Appellant/s
                                                    Versus

           1.    The Union of India Through the General Manager, East Central Railway,
                 Hazipur, Vaishali.
           2.    The Railway Divisional Manager, East Central Railway, Danapur.
           3.    The Collector, Lakhisarai.
           4.    The Sub-Divisional Officer, Lakhisarai.
           5.    The Circle Officer, Chanan, Lakhisarai.
           6.    The Senior Section Engineer (Works), East Central Railway Kiul Junction.
           7.    The Assistant Engineer, East Central Railway, Kiul, Lakhisarai.
           8.    The I.O., East Central Railway, Kiul.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr. Mrigendra Kumar, Advocate
                                               Mr. Manoj Kumar, Advocate
                 For the Respondent/s   :      Mr. Brajesh Kumar Pandey, CGC
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
                         and
                         HONOURABLE MR. JUSTICE RANJAN KUMAR JHA
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)

7   16-06-2026                  Heard learned counsel for the parties.

                                2. The present intra-court appeal has been preferred

                   against the order dated 28.11.2023 passed in C.W.J.C. No. 9550

                   of 2023, whereby the writ petition preferred by the writ

                   petitioner (appellant herein) came to be dismissed on the ground

                   that the writ petitioner had failed to produce documents in
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          support of his claim over the land in question.

                       3. Learned counsel for the appellant submits that

          although the name of the learned counsel for the writ petitioner,

          namely, Mr. Arjun Prasad Keshri, finds mention in the

          impugned order dated 28.11.2023, the fact remains that he had

          not appeared before the learned Writ Court on the said date, as

          he had passed away prior thereto. It is further submitted that

          while dismissing the writ petition, the learned Single Judge

          primarily relied upon the order dated 12.06.2023 passed by the

          railway authorities, wherein it was recorded that the writ

          petitioner had failed to produce any valid document with respect

          to the land in question.

                       4. Learned counsel for the appellant submits that the

          aforesaid finding does not correctly reflect the factual position.

          It is contended that the appellant is in possession of duly

          executed and valid sale deed pertaining to the land in question

          and, therefore, the observation that no valid document was

          available on record requires consideration.

                       5. In view of the aforesaid circumstances, learned

          counsel for the appellant seeks permission to withdraw the

          present appeal with liberty to avail the remedy of review before

          the learned Writ Court.
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                                 6. Having regard to the submissions advanced and

                    considering the nature of the grievance, the present appeal

                    stands dismissed as withdrawn with liberty to file a review

                    application before the Writ Court in accordance with law.

                                 7. In the event such an application is filed, the same

                    shall be considered and disposed of on its own merit and in

                    accordance with law.

                                 8. It is made clear that this Court has not expressed

                    any opinion on the merit of the rival claims of the parties.

                                 9. Pending Application (s), if any, shall also stand

                    disposed of.



                                                 (Sudhir Singh, J)


                                              (Ranjan Kumar Jha, J)
Sujit/-

U