1. This writ application has been filed for issuance of appropriate writ or direction upon the respondent No.3 to allow the application filed by the petitioner under Order XXIII Rule 1 of the Code of Civil Procedure for abandonment and withdrawal of this case filed under Section 71A of the Chotanagpur Tenancy Act in S.A.R. Case No.122 of 2010-11, pending before the respondent No.3 for adjudication.

2. Learned counsel for the petitioner submits that he has filed S.A.R. Case No.122 of 2010-11 for restoration of land, but subsequently he came to know that the land has never been recorded in the names of his ancestors and has filed an application for withdrawal of the said S.A.R case, but till date no order has been passed on the said application.

It is submitted by the learned counsel that the writ application may be disposed off with a direction to the S.A.R court, i.e., the respondent No.3, to pass appropriate order in the light of the opinion given by the Government Pleader dated 30.04.2013 (Annexure – 13), which reads as under :-

“1. Withdrawal of suit or abandonment of part of claim— (1) At any time after the institution of a suit, the plaintiff may as against all or an