Smt.Sabitri Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3713 of 2012 ====================================================== Smt. Sabitri Devi, Wife Of Sri Grish Narain Upadhyay, Resident Of Village Garra, P.S. Nuaon, District Kaimur at Bhabhua .... .... Petitioner/s

Versus

1. The State Of Bihar through the District Magistrate, Kaimur at Bhabhua

2. The Addl. District Magistrate, Kaimur at Bhabhua

3. The Deputy Collector of Land Reforms, Mohania, Kaimur at Bhabhua

4. Anchaladhikari, Nuaon, Kaimur at Bhabhua

5. Rabindra Nath Chaubey, Son Of Late Hari Prasad Chaubey, Resident Of Village Gara, P.S. Nuaon, District Kaimur At Bhabhua .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tribhuwan Narayan, Adv. For the Respondent nos.1to4 : Mr. Gautam Kumar Yadav, AC to GP-26 For the Respondent no.5 : Mr.Rajani Kant Pandey, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 29-08-2016 After some argument, the learned counsel appearing on behalf of the petitioner, in presence of the learned counsel appearing on behalf of the respondents, seeks permission to withdraw the present writ petition with a liberty to approach the learned Bihar Land Tribunal, Patna for grant of appropriate relief(s) with respect to the lands under dispute as also with respect to the order impugned in the present proceeding. Permission is accorded.

The writ petition stands disposed of as withdrawn with the liberty aforesaid.

The parties shall be at liberty to raise all the issues of facts and law, which may be available to them, before the learned Bihar Land Tribunal, Patna.

If an appropriate petition is filed on behalf of the petitioner within a period of two months from today with a

Patna High Court CWJC No.3713 of 2012 (3) dt.29-08-2016 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 Bihar Land Tribunal, Patna shall take into consideration that on a bonafide legal advice the present writ petition was filed on 22.02.2012 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U