Ganesh Jha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21805 of 2011 ====================================================== Ganesh Jha son of Suruplal Jha, resident of Village-Nagarpura, P.S. Bihpur, Sub-Division-Naugachia, District-Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Commissioner, Bhagalpur Division, Bhagalpur.

3. The Collector, Bhagalpur, District Bhagalpur.

4. The Additional Collector, Bhagalpur District Bhagalpur.

5. The Land Reforms Deputy Collector, Sadar Bhagalpur.

6. Smt. Renu Devi wife of Sri Ravindra Kumar Singh, resident of VillageNagarpara, P.O. Bhawanipur, P.S. Bihpur, District-Ara.

7. Sri Ajay Kumar Jha son of Late Shivandan Jha, resident of VillageNagarpara, P.O. Bhawanipur, P.S. Bihpur, District-Ara.

8. Sri Vijay Kumar Jha son of Late Shivandan Jha, resident of VillageNagarpara, P.O. Bhawanipur, P.S. Bihpur, District-Ara. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate For the Respondent Nos. 1 to 5 : Mr. Rajesh Kumar, AC to GP 8 For the Respondent No.6 : Mr.Ranjit Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 24-02-2016 In view of office note dated 11.02.2016, let service of notice upon the respondent nos. 7 and 8 be treated to be valid. 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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

Patna High Court CWJC No.21805 of 2011 (4) dt.24-02-2016 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 petitioner 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 petitioner 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 07.12.2011 and that remained pending till date.

(Birendra Prasad Verma, J) Tahir/- U