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Patna High CourtCWJC/20410/2011withdrawn

Sakul Baitha And ORS v. The State Of Bihar And ORS

2016-01-18Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20410 of 2011 ======================================================

1. Sakul Baitha son of Late Kamruddin Baitha, resident of Mauzahida, P.S.- Parbatta, District-Khagaria.

2. Makbul Baitha son of Late Kamruddin Baitha, resident of Mauzahida, P.S.-Parbatta, District-Khagaria.

3. Sattar Baitha son if Late Muslim Baitha, resident of Mauzahida, P.S.- Parbatta, District-Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar through its Principal Secretary Department of Revenue and Land Reforms Old Secretariat, Patna.

2. Commissioner, Munger Division, Munger.

3. Deputy Collector Land Reforms Department, Gagari (Khagaria).

4. Devendra Singh son of Late Satyadeo Narayan Singh, resident of Village-Mozahida, P.S.-Parbatta, District-Khagaria.

5. Shivendra Narayan Singh son of Late Satyadeo Narayan Singh, resident of Village-Mozahida, P.S.-Parbatta, District-Khagaria.

6. Pappu Narayan Singh son of Devendra Narayan Singh, resident of Village-Mozahida, P.S.-Parbatta, District-Khagaria. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kamal Kishore Jha, Advocate For the Respondent Nos. 1 to 3 : Ms.Nutan Kumar Sharma, AC to GA 9 For the Respondent No. 4 to 6 : Mr. Rakesh Narayan Singh, Advocate Dr.Anshuman, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 18-01-2016 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.

The parties shall be at liberty to raise all the issues of

Patna High Court CWJC No.20410 of 2011 (3) dt.18-01-2016 2/2 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 before the learned Bihar Land Tribunal, Patna 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 petitioners for condonation of such delay, then the learned Bihar Land Tribunal, Patna shall take into consideration that on a bona fide legal advice, the present writ petition was filed before this Court on 21.11.2011 and that remained pending till date. (Birendra Prasad Verma, J) Tahir/- U