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Patna High CourtCWJC/7445/2012withdrawn

Jiwachh Lal Sah And ORS v. The State Of Bihar And ORS

2015-09-21Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7445 of 2012 ======================================================

1. Jiwachh Lal Sah Son of Late Ganesh Lal Sah, Resident of Ward No - 18 Forbesganj Nagar Parishad At Forbesganj, Police Station - Forbesganj, District - Araria

2. Anil Sah Son of Jiwachh Lal Sah, Resident Of Ward No - 18 Forbesganj Nagar Parishad At Forbesganj, Police Station - Forbesganj, District - Araria

3. Anandi Sah Son of Jiwachh Lal Sah, Resident of Ward No - 18 Forbesganj Nagar Parishad At Forbesganj, Police Station - Forbesganj, District - Araria

4. Tuntun Sah Son of Jiwachh Lal Sah, Resident of Ward No - 18 Forbesganj Nagar Parishad At Forbesganj, Police Station - Forbesganj, District - Araria

5. Kalu Sah @ Pappu Sah Son of Jiwachh Lal Sah, Resident Of Ward No - 18 Forbesganj Nagar Parishad At Forbesganj, Police Station - Forbesganj, District - Araria .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Divisional Commissioner , Purnia Division, Purnia

3. The Deputy Collector Land Reforms Cum The Competent Authority At Forbesganj Within The District Of Araria

4. Smt. Savitri Devi Wife of Shri Devan Sah Resident Of Ward No - 18 Forbesganj Nagar Parishad, Police Station - Forbesganj, District - Araria .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Prasad Ambastha For the Respondent : Mr. Sandeep Kumar, GA-8 Mr. Vivekand Singh, AC to GP-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 21-09-2015 After some argument, learned counsel appearing on behalf of the petitioners, in presence of the learned State 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The writ petition stands disposed of as withdrawn with

Patna High Court CWJC No.7445 of 2012 (6) dt.21-09-2015 2/2 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 petitioners 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 that it has become barred by limitation and if any petition is filed on behalf of the petitioners for condonation of such delay, then the learned Bihar Land Tribunal, Patna shall take into consideration that on a bonafide legal advise, the present writ petition was filed before this Court on 13.04.2012 and that remained pending till date. (Birendra Prasad Verma, J) BTiwary/- U