Patna High CourtCWJC/13145/2011withdrawn

Md.Shamil v. The State Of Bihar And ORS

2016-02-09Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13145 of 2011 ====================================================== Md.Shamil S/O Late Md. Khalil R/O Vill.- Ganeshpur, Police StationMarauna, Distt.- Supaul .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Supaul

3. The Anchal Adhikari, Marauna, Police Station- Marauna, Distt.- Supaul

4. Md. Aintullah S/O Md. Abdullah, R/O Vill.- Ganeshpur, Police StationMarauna, Distt.- Supaul .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Prasad For the Respondent No.1 to 3 : Mr. Mukund Mohan Jha, AC to G.P. 31 For the Respondent No. 4 : Mr. Manish Kumar No. 13 Mr. Rohit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 09-02-2016 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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 period of two months from today with a certified copy of the

Patna High Court CWJC No.13145 of 2011 (3) dt.09-02-2016 2/2 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 before this Court on 10.08.2011 and that remained pending till date.

(Birendra Prasad Verma, J) BTiwary/- U