Most.Salma Khatoon And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19743 of 2010 ======================================================

1. Most.Salma Khatoon widow of late Hafiz Aftab Alam

2. Mahtab Alam son of late Hafiz Aftab Alam

3. ]Abda Khatoon daughter of late Nijamuddin Ansari and wife of Mohammad Ali, resident of Mauza- Jehanabad, P.S. Kudra, District Kaimur (Bhabhua).

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Director of Consolidation, Bihar, Patna at Birchand Patel Path, Patna.

3. The Deputy Director of Consolidation, Rohtas at Sasaram

4. The Consolidation Officer at Kudra within the district of Kaimur.

5. The Assistant Consolidation Officer at Kudra within the district of Kaimur.

6. Md. Istiaque Ansari @ Isteyaque Alam son of Late Nejamuddin Ansari, residents of Mauza- Jehanabad, P.S. Kudra, District Kaimur (Bhabhua). .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Prasad Ambastha For the Respondent No.1 to 5 : Mr. Prabhat Kumar, AC to GA 2 For the Respondent No. 6 : Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 05-04-2016 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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 facts and law before the learned Bihar Land Tribunal, Patna,

Patna High Court CWJC No.19743 of 2010 (3) dt.05-04-2016 2/2 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 bonafide legal advice, the present writ petition was filed before this Court on 03.12.2010 and that remained pending till date. (Birendra Prasad Verma, J) BTiwary/- U