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Patna High CourtCWJC/9092/2015withdrawn

Jai Prakash Yadav And ORS v. The State Of Bihar And ORS

2015-12-18Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9092 of 2015 ======================================================

1. Jai Prakash Yadav, son fo Late Ramjatan Yadav

2. Babunand Yadav, son of Late Inardeo Yadav

3. Umashankar Yadav, son of Late Brahmdeo

4. Jagdish Yadav, son of Late Rajmangal Yadav

5. Satyanarayan Yadav, son of Late Badar Yadav

6. Baidnath Yadav, son of Ramdeo Yadav

7. Surendra Yadav, son of Late Sipahi Yadav

8. Ganesh Yadav, son of Late Rajmangal Yadav

9. Mahesh Yadav, son of Late Rajmangal Yadav

10. Premchand Yadav, son of Late Ramjanam Yadav

11. Rajkishore Yadav, son of Late Brahmdev Yadav

12. Satyendra Yadav, son of Late Sudama Yadav All residents of village Bhopatpur, Naya Tola, P.S. Kotwa, District East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Collector, East Champaran, Motihari

3. The L.R.D.C., Sadar, Motihari, district East Champaran

4. Anil Mishra, son of Late Baidhnath Mishra @ Dadan Mishra null

5. Bipin Mishra, son of Late Baidyanath Mishra @ Dadan Mishra

6. Sunil Mishra, son of Late Baidyanath Mishra @ Dadan Mishra

7. Harikishore Mishra, son of Late Thakur Mishra All residents of village Bhopatpur, Choubey Tola, P.S. Kotwa, District East Champaran.

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

For the Petitioner/s : Mr.Hemendra Prasad Singh, Sr.Adv. Mr. Sanjay Kumar, Adv.

For the Respondent nos.1to3 : Mr. Ashutosh Singh, AC to SC-1 For the Respondent nos.4to7 : Navin Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 18-12-2015 After some argument, the learned senior counsel appearing on behalf of the petitioners, 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

Patna High Court CWJC No.9092 of 2015 (3) dt.18-12-2015 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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 petitioners 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 petitioners 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 29.06.2015 and that remained pending till date. (Birendra Prasad Verma, J) Arvind/- U