Binda Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10942 of 2014 ====================================================== Binda Devi Wife of Gauri Shankar Baitha, Resident of Village - Hussey Pur, Tola - Raighat, P.S. - Bhorey, District - Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Gopalganj.

3. The Deputy Collector, Land Revenue Hathua, District - Gopalganj.

4. The Circle Officer, Bhorey, District - Gopalganj.

5. The Bihar Bhoodan Yagya Committee, Saristabad, Patna through its Chairman.

6. The Chairman Bihar Bhoodan Yagya Committee Saristabad, Patna.

7. The Karyalaya Mantri, District Bhoodan Office, Arar More, District - Gopalganj.

8. Shiv Pujan Bhagat son of Vijayee Bhagat

9. Brij Raj Singh Son of Sukai Singh.

10. Jawahar Singh Son of Vishwanath Singh

11. Nagina Singh Son Bhrigu Aashram Singh All 8 to 11 Resident of Village - Hussey Pur, Tola - Rajghat, P.S. - Bhorey, District - Gopalganj.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Pandey No-5, Adv. For the Respondent Nos. 5 to 7 : Mr. Ram Chandra Lal Das, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 27-10-2016 After some argument, the learned counsel appearing on behalf of the petitioner, in presence of the learned counsel appearing on behalf of the respondent nos. 5 to 7, seeks permission to withdraw the present writ petition with a liberty to approach the "competent authority" under the provisions of The Bihar Land Disputes Resolution Act, 2009 ( in short „Act, 2009‟) for grant of appropriate relief(s) to the petitioner with respect to the lands in question, which was allegedly allotted to her under the provisions of The Bihar Bhoodan Yagna Act, 1954. Permission is accorded.

The writ petition stands disposed of as withdrawn with

Patna High Court CWJC No.10942 of 2014 (2) dt.27-10-2016 2/2 the liberty aforesaid.

It goes without saying that if an appropriate petition is filed on behalf of the petitioner before the "competent authority", under the provisions of the Act, 2009, after impleading all the concerned persons including the respondents herein, then the same shall be considered and decided in accordance with law, but before passing any final order, a reasonable opportunity of hearing must be given to the petitioner as also the private respondent nos. 8 to 11, besides others, if any.

(Birendra Prasad Verma, J) BTiwary/- U