Tahjuna Khatoon And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7244 of 2012 ======================================================

1. Tahjuna Khatoon, Wife Of Late Shamsul

2. Badruddin, Son Of Late Shamsul

3. Tasruddin, Son Of Late Shamsul

4. Nasimuddin, Son Of Late Shamsul

5. Hashmuddin, Son Of Late Shamsul

6. Naushad, Son Of Late Shamsul

7. Anwarul, Son Of Late Shamsul

8. Tehrun Nishan, D/O Late Shamsul

9. Ajmerun Nishan, D/O Late Shamsul All Resident Of Village - Arrabari, P.S. Paharkatta, District - Kishanganj .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Sub-Divisional Magistrate, Kishanganj

3. The Circle Officer, Pothia, District - Kishanganj

4. The Circle Inspector, Pothia, District - Kishanganj

5. The Halka Karamchari, Halka No. 11, Anchal Pothia District Kishanganj

6. Abdul Sattar, S/O Late Haji Maniruddin, Resident Of Village- Ram Chandrapur, P.S. Pranpur, District - Katihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Firoz Ahmad, Adv, For the Respondent nos.1to5 : Mr. Prabhakar Jha, GP-27 Mr.Shankar Kumar Thakur, AC to GP-27 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 09-08-2016 After some argument, the learned 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 respect to the order impugned in the present proceeding. Permission is accorded.

The writ petition stands disposed of as withdrawn with the liberty aforesaid.

Patna High Court CWJC No.7244 of 2012 (4) dt.09-08-2016 The parties shall be at liberty to raise all the issues of facts and law, which may be available to them, before the learned Bihar Land Tribunal, Patna.

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 on 11.04.2012 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U