RANCHI, India, July 7 -- Jharkhand High Court issued the following order on June 6:

1. The instant Letters Patent Appeal is directed against the order/ judgment dated 18.09.2024, passed by the learned Single Judge of this Court in W.P.(C) No.401 of 2024.

2. We have heard learned counsel for the parties at length

3. Mr. Amit Kumar Das, learned counsel, on instruction from the advocate on record, Mr. Nagmani Tiwari, learned counsel for the appellant, has shown his willingness to withdraw this appeal in view of the liberty having being granted by the learned Single Judge in paragraph - 7 of the order impugned, wherein it has been clarified that the dismissal of the writ petition will not prejudice the pending title suit before the competent court of civil jurisdiction in the added word that the suit will be decided on its own merit without prejudice to the said order.

4. However, Mr. Das, learned counsel has submitted by referring to paragraph - 5 of the impugned judgment, wherein the learned Single Judge has made reference about the creation of jamabandi in favour of respondent No.5 by further referring regarding the settled position of law that the long jamabandi cannot be cancelled and if such dispute is there, only the competent court of civil jurisdiction is competent to pass such order.

5. It has been submitted that it is not a case of cancellation of long jamabandi rather it is a case, as would be evident from the order passed by the circle officer or the appellate authority or the revisional authority under Sections 14, 15 & 16 of the Bihar Tenant's Holding (Maintenance of Record) Act, 1973 that it is a case of infirmity said to be committed by the authorities in the matter of issuance of correction slip.

6. It has been submitted that since the aforesaid reference is contrary to the record and if it will be allowed to be the evidence, the same may prejudice the pending title suit as has been observed by the learned Single Judge in paragraph -7 of the impugned judgment.

7. Learned counsel appearing for the respondent-writ petitioner has also agreed with respect to submission to the effect that it is not a case of cancellation of long jamabandi rather it is a case of infirmity said to be committed in issuance of the correction slip.

8. In view of the aforesaid submission of the learned counsel for the respondent herein, who is also respondent in the writ petition, this Court is of the view that what has been observed by the learned Single Judge regarding the cancellation of long jamabandi is said to be created in fovour of respondent No.5, appears to be error of record.

9. This Court, in view of the submission made on behalf of the writ petitioner appellant, who has sought for withdrawal of the instant appeal with a liberty to contest the title suit with further indulgence for early disposal of the suit, is of the view that such leave is granted without any opposition to the learned counsel appearing for the respondent.

10. The instant appeal therefore, is allowed to be withdrawn. Accordingly, it is disposed of.

11. The parties are at liberty to cooperate in the early disposal of the suit without seeking any unnecessary adjournment.

12. Accordingly, with the aforesaid observation and direction, this appeal stands disposed of keeping into consideration the observation already made by the learned Single Judge in paragraph -7 of the order impugned.

13. Pending interlocutory application, if any, also stands disposed of.

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