Most. Fenkani Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.824 of 2015 ====================================================== Most. Fenkani Devi wife of Uttim Sah, resident of Village: Kachaharpur, P.S: Sonbarsa, District: Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Department of Land and Reforms, Govt. of Bihar, Patna.

2. The Commissioner, Tirhut Division, Muzaffarpur

3. The Collector, Sitamarhi.

4. The Additional Collector, Sitamarhi.

5. The Deputy Collector Land Reforms, Sadar, Sitamarhi.

6. Bilash Ram, son of Late Prem Ram, resident of Village: Kacharipur, P.S: Sonbarsa, District: Sitamarhi.

7. Uma Shankar Kumar @ Uma Shankar Rai

8. Santosh Kumar Rai Both sons of Hari narain Rai, resident of Village: Kacharipur, P.S: Sonbarsa, District: Sitamarhi. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Singh, Advocate Mr.Anjani Kr. Tiwari, Advocate For the Respondent Nos. 1 to 5: Mr. Sanjay Kumar, AC to AAG-4 For the Respondent Nos. 7 & 8: Mr.Najmul Hoda, Advocate Mr.Santosh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 18-11-2016 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 and 7 to 8, 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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 before the learned Bihar Land Tribunal, Patna,

Patna High Court CWJC No.824 of 2015 (3) dt.18-11-2016 2/2 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 13.01.2015 and that remained pending till date.

(Birendra Prasad Verma, J) Tahir/- U