Shanti Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.969 of 2014 ====================================================== Shanti Devi, Wife Of Siyasharan Singh, Resident Of Village - Mirzapur Seikhpura, Police Station - Phulwarisharif, District - Patna .... .... Petitioner/s

Versus

1. The State Of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Government Of Bihar, Old Secretariat Building, Patna - 800015

2. The Principal Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna

3. The Collector, Patna

4. The Learned Deputy Collector, Land Reforms, Patna Sadar, Patna

5. The Circle Officer, Sampatchak, District - Patna

6. Sahil Raj

7. Radhika Raj

8. Rasika Raj All Sl.No.6 to 8 are Sons of Shri Subodh Kumar

9. Rubi Kumari, Wife Of Subodh Kumar All Sl.No.6 to 9 resident of village-Bhogipur, P.S.-Gopalpur, District-Patna.

10. Tripurari Singh, Son Of Madhusudan Singh, Resident Of Village - Govindpur, Post Office - Borahi, Police Station - Dhanarua, District - Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Respondent nos.1to5 : Mr. Rajesh Kumar, AC to GP-10 For the Respondent nos.6to9 : Mr.Ashutosh Jha, Adv. Mr.Basant Kumar Singh, Adv.

Mr.Deovind Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 27-04-2016 The petitioner is aggrieved by the order dated 20.04.2013 passed in Mutation Appeal Case No.32 of 2012-13 by the respondent D.C.L.R., Patna Sadar.

Indisputably, the order impugned is revisable under Section 8 of The Bihar Land Mutation Act, 2011 (in short 'Act, 2011').

In above view of the matter, after some argument, learned counsel appearing on behalf of the petitioner, in presence

Patna High Court CWJC No.969 of 2014 (8) dt.27-04-2016 of the learned counsel appearing on behalf of the respondents, seeks permission to withdraw the present writ petition with a liberty to approach the revisional authority prescribed under the Act, 2011 for grant of appropriate relief(s) with respect to the lands claimed by her as also with respect to the order impugned. Permission is accorded.

The writ petition stands disposed of as withdrawn with the liberty aforesaid.

It goes without saying that, if an appropriate revision petition is filed on behalf of the petitioner within a period of three weeks from today with a certified copy of the present order and, if it is found to have become barred by limitation and, if any petition is filed on behalf of the petitioner for condonation of such delay, then the learned revisional authority shall take into consideration that on a bonafide legal advice the present writ petition was filed on 10.01.2014 and that remained pending before this Court till date.

It is further clarified that before the revisional authority, the parties shall be at liberty to raise all the issues of facts and law, which may be available to them, with respect to the lands in question.

(Birendra Prasad Verma, J) Arvind/- U