Patna High CourtCWJC/16271/2011withdrawn

Baban Mahto v. The State Of Bihar And ORS

2016-07-25Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16271 of 2011 ======================================================

1. Baban Mahto

2. Sheopati Mahto, sons of Late Jagdeo Mahto

3. Satya Narain Mahto son of Late Nathuni Mahto

4. Surya Bansh Singh @ Munna Singh son of Rampati Mahto, all residents of village Raipur Chor, P.S. Sheosagar, District Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Collector, Rohtas (Sasaram )

3. Addl. Collector, Rohtas (Sasaram)

4. Deputy Collector Land Reforms, Sasaram, Rohtas.

5. Anchal Adhikari, Sheosagar, Rohtas

6. Parmeshwar Mahto son of Late Baldeo Mahto, resident of village Raipur Chor, P.S. Sheosagar, District Rohtas. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rewti Kant Raman, Adv. For the Respondent No.1 to 5: Mr. M. D. Dwivedi, SC23 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 25-07-2016 After some argument, the learned counsel appearing on behalf of the petitioners, 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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 petitioners before the learned Bihar Land Tribunal, Patna within a

Patna High Court CWJC No.16271 of 2011 (4) dt.25-07-2016 2/2 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 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 16.09.2011 and that remained pending till date. (Birendra Prasad Verma, J) BTiwary/- U