S.K. Katriar & Kishore K. Mandal, JJ, Heard Mr. Qumrul Hoda for the appellants, Mr. Manu Shankar Mishra, Learned Government Pleader no. 10 for respondent no. 1 to 3, and Mr. Jai Krishna Prasad for respondent no. 4 (Mobed Hussain). This appeal has been preferred under clause 10 of the Letters Patent of the Patna High Court, and the appellant is aggrieved by the order dated 30.6.1998 passed in C.W.J.C. No. 4734/1997, whereby the learned Writ Court has dismissed the writ petition with the liberty to the writ petitioners (the appellants herein) to move an appropriate Court of law, if permissible, to raise their grievances because it involves disputed questions of facts. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears to us that the appellants have raised this issue in a representative capacity and their case is that the land in question is a Gair Mazarua Aam Land of the State of Bihar and comprises of a pond and road which has now wrongly gone to respondent no. 4. The case of respondent no. 4 is that he is the Nati of the recorded tenant in the C.S. Khatiyan and claims to have inherited the same. The appellants challenge the status of respondent no. 4 as the Nati of the recorded tenant and also asserts public rights over the lands in question. It appears to us that it needs substantive evidence to determine such issues and cannot be adjudicated on the basis of affidavits in writ jurisdiction. In that view of the matter, we agree with the order of the learned Single Judge, Faced with the situation, learned counsel for the appellants (the writ petitioners) seeks permission to withdraw this appeal to approach the appropriate forum. This appeal is accordingly permitted to be withdrawn.