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Patna High CourtCWJC/23073/2013withdrawn

Sushma Devi v. The State Of Bihar And ORS

2016-01-04Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23073 of 2013 ====================================================== Sushma Devi, W/O Santosh Kumar Pandey, Resident Of Village And P.O.- Chhewari, P.S.- Ramgarh, District- Kaimur At Bhabhua At Present Resident Of Village- Kalani, P.O. Thakura, P.S.- Ramgarh, DistrictKaimur, Bhabhua .... .... Petitioner/s

Versus

1. The State Of Bihar through the Principal Secretary, Department Of Revenue And Land Reforms, Government Of Bihar, Patna

2. The Collector-Cum-District Magistrate, Kaimur at Bhabhua

3. The Consolidation Officer, Ramgarh, P.S. Ramgarh, Dist. Kaimur (Bhabhua)

4. Bibhuti Narayan Upadhyay, S/O Late Saryu Upadhyay, Resident Of Village- Sijhuan, P.O. Uperi, P.S. Ramgarh, District- Kaimur At Bhabhua

5. Mostt. Malti Kuer, W/O Late Sheo Shankar Upadhyay, Resident Of Village- Kalani, P.O.- Thakura, P.S.- Ramgarh, District- Kaimur At Bhabhua .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Subodh Kumar Jha, Adv. Mr.Pranav Kumar Jha, Adv.

For the Respondent nos.1to3 : Mr. Dinbandhu Singh, GP-9 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 04-01-2016 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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

Patna High Court CWJC No.23073 of 2013 (2) dt.04-01-2016 Bihar Land Tribunal, Patna.

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 19.11.2013 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U