Sushil Kumar Sarkar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13906 of 2014 ====================================================== Sushil Kumar Sarkar s/o late Dr. Mahendra Nath Sarkar, resident of Mohalla G.N. Ganj, P.S. Laheria Sarai, District- Darbhanga .... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary, Land Reforms and Revenue, Govt. of Bihar, Patna

2. The Additional Collector, Darbhanga

3. The Deputy Collector Land Reforms, Darbhanga

4. The Anchal Adhikari, Bahadurpur, District Darbhanga

5. Smt. Shyama Devi, W/o Sri Raj Kumar Jha, resident of Mohalla Balbhadrapur, P.S. Laheria Sarai, District Darbhanga .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ankit Katriar, Advocate Mr.Amrendra Narayan, Advocate For the Respondent Nos. 1 to 4: Mr. Ashok Kumar, AC to GP 13 For the Respondent No.5 : Mr.Abinash Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 26-09-2016 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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 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

Patna High Court CWJC No.13906 of 2014 (2) dt.26-09-2016 2/2 period of eight 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 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 12.08.2014 and that remained pending till date.

(Birendra Prasad Verma, J) Tahir/- U