← Library
Patna High CourtCWJC/19451/2014withdrawn

Chanchala Devi And ORS v. The State Of Bihar And ORS

2016-10-24Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19451 of 2014 With Interlocutory Application No. 9620 of 2014 And Interlocutory Application No. 9621 of 2014 And Interlocutory Application No. 8799 of 2014 And Interlocutory Application No. 8579 of 2015 ======================================================

1. Chanchala Devi Wife of Ram Nandan Yadav

2. Sulochana Devi Wife of Abhi Nandan Yadav

3. Kumari Hema Wife of Yadu Nandan Kumar Yogesh, All resident of Village - Navdihi, Police Station - Jadiya, District - Supaul. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Government of Bihar at Patna.

2. The Principal Secretary, Land and Revenue Department, Government of Bihar at Patna.

3. The Divisional Commissioner, Koshi Division, Saharsa, District - Saharsa.

4. The Collector, Supaul, District - Supaul.

5. The Sub-Divisional Officer, Triveniganj, District - Supaul.

6. The Additional Collector, Supaul, District - Supaul.

7. The Deputy Collector, Land Reforms, Triveniganj, District - Supaul.

8. The Circle Officer, Triveniganj, District - Supaul.

9. Sameer Kumar Banerji Son of Late Basanta Kumar Banerjee, Resident of Premises No. 880A, Kalikapur Road, Police Station - Purva, Yadanpur, Kolkata, District - South 24 Pargana (W.B.)

10. Umesh Prasad Yadav Son of Late Laxmi Prasad Yadav, Resident of Village - Vidya Nagar, Police Station - Jadiya, District - Supaul.

11. Ram Nandan Yadav

12. Abhi Nandan Yadav

13. Yadu Nandan Kumar Yogesh, All are sons of Late Rajendra Yadav, Resident of Village - Navdihi, Police Station - Jadiya, District - Supaul. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. J.S. Arora, Sr. Adv. Mr. Sanjeev Nikesh, Adv.

Mr. Shailendra Kumar Dwivedi, Adv.

For the Respondent Nos. 1 to 8:Mr. Md. Nadim Seraj, G.P. 5 Mr. Shailesh Kumar, AC to G.P. 5 For the Respondents Intervenors: Mr. Sameer Kr. Banerjee, Adv. Mr. Rajesh Kr. Sinha, Adv.

Mr. Ranjan Kumar Dubey, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER

Patna High Court CWJC No.19451 of 2014 (7) dt.24-10-2016 2/2 24-10-2016 After some argument, the learned senior counsel appearing on behalf of the petitioners, in presence of the learned counsel appearing on behalf of the respondents as also the learned counsel appearing on behalf of the intervenors, 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, 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 six weeks 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 17.11.2014 and that remained pending till date.

Interlocutory Application Nos. 9620 of 2014, 9621 of 2014, 8799 of 2014 and 8579 of 2015 stand disposed of accordingly. (Birendra Prasad Verma, J) BTiwary/- U