Dayal Chandra Roy v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7237 of 2014 ====================================================== Dayal Chandra Roy son of Shashi Charan Roy, resident of Village - Lagwa, P.S. Abadpur, District - Katihar .... .... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary Department of Revenue and Land Reforms, Government of Bihar, Patna
2. The Divisional Commissioner, Purnea
3. The Collector, Katihar
4. The Deputy Collector, Land & Revenue, Barsoi, Katihar
5. The Circle Officer, Barsoi, Katihar
6. S.K. Kutha son of Late Salimmuddin
7. Md. Manowar son of Late Md. Yunus
8. S.K. Shamsul son of Late Fazil
9. Md. Quddus son of Late Naimuddin
10. Md. Sattar son of Late Naimuddin
11. Md. Khabir son of Late Surat Ali
12. Md. Siddique son of Late Hakimuddin Respondent Nos. 6 to 12 are residents of village - Lagwa, P.S. Aabadpur
13. Md. Gabal son of Nasir
14. S.K. Jainal Son of Late Mainuddin
15. Shamsul Haque son of Late Sadrul Haque Respondent Nos. 13 to 15 are residents of village - Lagwa, P.S. Aabadpur, District Katihar
16. Raquibul Haque son of Murtaza Ali
17. Rabbani son of Murtaza Ali
18. Amjad Ali son of Murtuza Ali Respondent Nos. 16 to 18 are residents of village - Lagwa, P.S. Aabadpur, District Katihar .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. J.S. Arora, Sr.Advocate Mr. G.Pratap, Advocate For the Respondent Nos. 1 to 5: Mr. Praveen Kr.Singh, AC to SC 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 29-09-2016 After some argument, the learned counsel appearing on behalf of the petitioner, in presence of the learned counsel appearing on behalf of the respondent nos. 1 to 5, seeks permission to withdraw the present writ petition with a liberty to approach the learned Bihar Land Tribunal, Patna for grant of
Patna High Court CWJC No.7237 of 2014 (2) dt.29-09-2016 2/2 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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 before the learned Bihar Land Tribunal, Patna, which may be available to them.
If an appropriate petition is filed on behalf of the petitioner before the learned Bihar Land Tribunal, Patna within a period of six 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 Bihar Land Tribunal, Patna shall take into consideration that on a bona fide legal advice, the present writ petition was filed before this Court on 11.04.2014 and that remained pending till date.
(Birendra Prasad Verma, J) Tahir/- U