Binod Kumar Pathak v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9896 of 2012 ====================================================== Binod Kumar Pathak, Son Of Gauri Shankar Pathak, Resident Of Village Pathkhawalia, Police Station Kudra, District Kaimur (Bhabhua) .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector, Kaimur (Bhabhua)

3. The Additional Collector, Kaimur (Bhabhua)

4. The Deputy Collector, Land Reforms, Mohania

5. The Circle Officer, Kudra

6. Giridhari Devi, Wife Of Late Ram Brichha Pathak, Resident Of Village Harla, Police Station Sonhan, District Kaimur (Bhabhua) .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ambuj Kumar Choudhary, Adv. Mr.Akhilesh Kumar Pandey, Adv.

For the Respondent nos.1to5 : Mr. Rakesh Prabhat, AC to SC-9 For the Respondent no.6 : Mr.O.P.Pandey, Adv. Mr.Satyendra Pandey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 19-01-2016 After some argument, the learned 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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, which may be available to them, before the learned Bihar Land Tribunal, Patna.

Patna High Court CWJC No.9896 of 2012 (6) dt.19-01-2016 If an appropriate petition is filed on behalf of the petitioner 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 on 15.05.2012 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U