Most. Bhutki v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4407 of 2013 ====================================================== Most. Bhutki W/O Late Mahesh Lal Mahaldar R/O Village- Kumhari, P.S.- Kadwa, District- Katihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Divisional Commissioner, Purnea Division, Purnea

3. The District Collector, Katihar

4. The Deputy Collector, Land Reforms, Barsoi, District- Katihar

5. The Officer-In-Charge, P.S.- Kadwa, District- Katihar

6. Naresh Mahaldar S/O Late Hari Prasad Mahaldar R/O Village- Kumhari, P.S.- Kadwa, P.O.- Durgaganj, District- Katihar

7. Ganesh Mahaldar S/O Late Madhru Mahaldar R/O Village- Kumhari, P.S.- Kadwa, P.O.- Durgaganj, District- Katihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Kumar Jha, Advocate Mr.Jitendra Mishra, Advocate For the Respondent Nos. 1 to 5 : Mr.Krishna Kumar, AC to GP 26 For the Respondent Nos. 6 & 7 : Mr. Ajay Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER ---------------- 04-11-2015 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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.

Patna High Court CWJC No.4407 of 2013 (6) dt.04-11-2015 2/2 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 27.02.2013 and that remained pending till date.

(Birendra Prasad Verma, J) Tahir/- U