Vijay Shankar Dubey v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.22514 of 2011 ====================================================== Vijay Shankar Dubey son of Late Krishna Dubey R/O Village Karsar, P.S. Nawanagar, District Buxar.
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Additional Member, Board Of Revenue, Bihar, Patna.
3. Additional Collector, Buxar.
4. Deputy Collector Land Reforms, Dumraon.
5. Bhagwati Prasad Singh S/O Late Ram Badan Singh-Pre-emptor (Expunged by order dated 01.02.2012 and substituted his followed heirs and legal representatives) 5(i) Most. Radhika Devi widow of Late Bhagwati Pradad Singh 5(ii)Raj Bahadur Singh 5(iii)Krishna Bahadur Singh @ Chhotan Singh 5(iv) Mutukdhari Singh @ Mun Mun Singh 5(v)Rejdndra Singh, all sons of Bhagwati Prasad Singh 5(vi)Shakunta Devi D/o Late Bhagwati Prasad Singh R/O Village Karsar, P.S. Nawanagar, District Buxar.
6. Pachasi Singh @ Sri Bhagwan Singh S/O Late Ramraj Singh (Expunged by order dated 01.02.2012 and substituted his followed heirs and legal representatives) 6(i) Smt.Tapo Devi widow of Late Pachasi Singh @ Sri Bhagwan Singh R/O Village Karsar, P.S. Nawanagar, District Buxar 6(ii)Smt.Simili Devi W/o Rajesh Singh R/o village Mohanpur, P.S.Bikramganj, District Rohtas .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Mahesh Prasad, Advocate For the Respondent Nos. 1 to 4 : Mr. Sanjay Pandey, GP 21 Mr.Nishant Kumar Jha, AC to GP 21 For the Respondent No.5 : Mr.Vinay Kirti Singh, Advocate Mr.Akhileshwar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 22-04-2016 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
Patna High Court CWJC No.22514 of 2011 (4) dt.22-04-2016 2/2 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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 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 15.12.2011 and that remained pending till date.
(Birendra Prasad Verma, J) Tahir/- U