Harendra Ojha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13359 of 2014 ====================================================== Harendra Ojha son of Sri Raghunath Ojha, Resident of village- Nimez, Police Station- Brahmpur, District- Buxar .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Commissioner, Patna Division, Patna

3. The Additional Collector, Buxar

4. The Deputy Collector Land Reforms, Dumraon, Buxar null null

5. Jamwanti Devi wife of Sri Tarkeshwar Ojha, Resident of villageNimez, Police Station- Brahmpur, District- Buxar

6. Awadh Bihari Gupta son of Baidyanath Prasad Sah, Resident of villageNimez, Police Station- Brahmpur, District- Buxar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Baxi S.R.P. Sinha, Sr. Adv. Mr. Rahul Nath, Adv.

For the Respondent Nos. 1 to 4 : Mr. Anuj Kumar, AC to G.P. 24 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 30-09-2016 After some argument, the learned Senior 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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 before the learned Bihar Land Tribunal, Patna, which may be available to them.

If an appropriate petition is filed on behalf of the

Patna High Court CWJC No.13359 of 2014 (2) dt.30-09-2016 2/2 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 5.8.2014 and that remained pending till date.

(Birendra Prasad Verma, J) BTiwary/- U