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Patna High CourtCWJC/10081/2014withdrawn

Ful Mohammad Mian v. The State Of Bihar And ORS

2016-08-16Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10081 of 2014 ====================================================== Ful Mohammad Mian, Son of Makun Mian, Resident of Village - Ghoraghat, P.O. Khairkhan, P.S. + Anchal - Forbesganj, District - Araria .... .... Petitioner/s

Versus

1. The State of Bihar

2. Collector, Araria, District - Araria

3. Deputy Collector, Land Reforms, Forbesganj, District - Araria

4. Madhav Thakur

5. Murari Thakur Both Son of Late Parmanand Thakur, Resident of Village - Ramai, P.S. and Anchal - Forbesganj, District - Araria

6. Md. Idrish Mian

7. Md. Siddique Mian

8. Md. Iliyas Mian

9. Md. Kadir Mian

10. Md. Abul Mian

11. Md. Anwar Mian

12. Md. Asgar Mian Sl. No. 6 to 12 are Sons of Late Rasul Mian

13. Bibi Sahidan, Wife of Late Rasul Mian Serial No. 6 to 13 are residents of Village - Ramai, P.S. Forbesganj, District- Araria

14. Bibi Hadisan, Wife of Rashid Mian

15. Bibi Kari, Wife of Md. Salim Mian Both Residents of Village - Aurahi, P.S. Simraha, District - Araria .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sarangdhar Jha, Adv. For the Respondent nos.1to3 : Mr. Pankaj Kumar, SC-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 16-08-2016 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.

Patna High Court CWJC No.10081 of 2014 (2) dt.16-08-2016 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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 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 bonafide legal advice the present writ petition was filed on 20.06.2014 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U