Krishnadeo Prasad Mahto v. Suryakant Mahto And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18397 of 2015 ====================================================== Krishnadeo Prasad Mahto, S/O Late Singeshwar Prasad Mahto, resident of village- Bingama, P.S.- Patori O.P. Mohanpur, P.O.- Jalalpur, DistrictSamastipur. .... .... Petitioner/s

Versus

1. Suryakant Mahto S/O Late Singeshwar Prasad Mahto

2. Wakil Mahto S/O late Singeshwar Mahto

3. Sobha Kunwar W/o late Singeshwar Mahto All resident of village- Bingama; P.S.-Patori O.P. Mohanpur P.O. Jalalpur, District-Samastipur.

4. The State of Bihar through Collector, Samastipur at Samastipur.

5. The Collector, Darbhanga, at Darbhanga.

6. The Survey Settlement Office, Patori, as Camp office in SDO office Campus Patori, District Samastipur,

7. The Survey Settlement Office, Darbhanga, in the campus of Darbhanga Raj Hospital Campus, Near Kameshwar Singh Darbhanga University Gate P.S.- Darbhanga, District- Darbhanga

8. The Asst. Settlement Officer, Patori, Laharia Sarai (at Darbhanga)

9. The Land Acquisition Officer, Samastipur, District Samastipur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Dr. Anshuman, Adv. Mr. Sanjay Kumar, Adv.

For the Respondent nos.4to9 : Mr. Kameshwar Kumar, GP-17 Mr.Amit Bhushan, AC to GP-17 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 15-11-2016 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The writ petition stands disposed of as withdrawn

Patna High Court CWJC No.18397 of 2015 (3) dt.15-11-2016 with the liberty aforesaid.

The parties shall be at liberty to raise all the issues of facts and law, which may be available to them, before the learned Bihar Land Tribunal, Patna.

If an appropriate petition is filed on behalf of the petitioner 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 bonafide legal advice the present writ petition was filed on 30.11.2015 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U