Satya Narayan Mandal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4092 of 2012 ====================================================== Satya Narayan Mandal Son of Late Jagroop Mandal, Resident of Village Ganj Bhag Lota, Belahi, P.S.- Simraha, District- Araria .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Sub-Divisional Officer, Forbesganj , Araria

3. The Circle Officer, Forbesganj, Araria

4. Ashok Kumar Bhagat Son Of Late Harakh Chand Bhagat Resident Of Village- Dhangarha, P.S.- Simraha, District- Araria

5. Binod Kumar Bhagat Son Of Late Harakh Chand Bhagat Resident Of Village- Dhangarha, P.S.- Simraha, District- Araria

6. Kumod Kumar Bhagat Son Of Late Harakh Chand Bhagat Resident Of Village- Dhangarha, P.S.- Simraha, District- Araria

7. Mostt. Radha Devi W/O Late Laxmi Bhagat Resident Of VillageDhangarha, P.S.- Simraha, District- Araria .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Kumar Giri For the Respondent No.4 to 7 : Mr. A.P. Ambastha ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 21-09-2015 After some argument, learned counsel appearing on behalf of the petitioner, in presence of the learned counsel appearing on behalf of the respondent no. 4 to 7, 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The writ petition stands dismissed as withdrawn with the liberty aforesaid.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.4092 of 2012 (3) dt.21-09-2015 2/2 petitioner before the learned Bihar Land Tribunal, Patna within a period of one month 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 petitioner 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 28.02.2012 and that remained pending till date.

(Birendra Prasad Verma, J) BTiwary/- U