Shiw Balak Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10951 of 2014 ====================================================== Shiw Balak Sharma Son of Late Ram Chitwan Thakur, Resident of Villge : - Saho Sarai, Police Station : - Garkha, District : - Saran (Chapra). .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Additional Member, Board of Revenue, Bihar, Patna.

3. The Additional Collector, Saran at Chapra.

4. The Deputy Collector, Land Reforms, Sadar Chapra.

5. Ram Bharose Thakur Son of Late Kishan Dev Thakur Resident of Village : - Saho Sarai, Police Station :- Garkha, District : - Saran.

6. Ram Narayan Thakur

7. Chunna Thakur.

8. Raju Thakur Alias Raj Kumar.

9. Dhoop Nath Thakur, Respondent Nos. 6,7,8 and 9 are residents of Village : - Saho Sarai, Police Station & Post Office : - Garkha, District : - Saran (Chapra), At present residing at Shivlok Colony, Ladpur, Raipur Road, Dehradun, Uttranchal.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sudhir Kumar Bijpuria For the Respondent Nos. 1 to 4 : Mr. Raj Kishore Roy, G.P. 18 For the Respondent No. 5 : Mr. Surya Kant Mishra, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 30-09-2016 After some argument, the learned counsel appearing on behalf of the petitioner, in presence of the learned counsel appearing on behalf of the 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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

Patna High Court CWJC No.10951 of 2014 (2) dt.30-09-2016 2/2 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 two months 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 before this Court on 2.7.2014 and that remained pending till date.

(Birendra Prasad Verma, J) BTiwary/- U