Singheshwar Rai And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12325 of 2012 ======================================================

1. Singheshwar Rai, Son of Late Janak Rai

2. Badri Rai, Son of Late Satya Narain Rai

3. Narain Rai, Son of Late Kukdev Rai

4. Mahanand Rai, Son of Late Satyadev Rai

5. Chhathu Rai, Son of Late Budhu Rai All resident of Dhamdaha, P.O.-Sahwazpur, P.S.-Jogbani, District-Araria.

6. Shobhit Rai, Son of Late Bhudhu Rai

7. Ramanand Rai, Son of Late Suwansh Rai Both Resident of Village- Hanshkosa Mathiyari P.S. Jogbani, DistrictAraria .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Divisional Commissioner, Purnea Division, Purnea

3. The Deputy Collector, Land Reforms, Forbesganj Araria

4. The Secretary, Bihar Bhoodan Yogya Committee, Patna

5. The Karyatiya Mantri, District Bhoodan Yagya Committee, Jaiprakash Nagar, Araria

6. Rajendra Prasad Singh, Son of Late Harihar Prasad Singh

7. Himanshu Prasad Singh, Son of Late Harihar Prasad Singh Both Resident Of Godhiyare Ward No. 19, Forbeasganj P.S. Forbesganj, District- Araria .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Singh Mr.Ambish Rahul For the Respondent nos.1to3 : Mr. Parmeshwar Vishwakarma For the Respondent nos.4&5 : Mrs. Alka Verma For the Respondent nos.6&7 : Mr.S.P. Parasar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 29-09-2015 After some argument, learned counsel appearing on behalf of the petitioners, in presence of 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.

Patna High Court CWJC No.12325 of 2012 (4) dt.29-08-2015 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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.

If an appropriate petition is filed on behalf of the petitioners within a period of one month 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 12.07.2012 and that remained pending before this Court till date. Arvind/- (Birendra Prasad Verma, J) U