Kameshwar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21930 of 2013 ====================================================== Kameshwar Prasad, Son Of Late Lalji Prasad, Resident Of Mohalla - Chowk Tower, B.N. Jha Road, Jai Karan Lal Lane, P.S. - Kotwali, District - Gaya .... .... Petitioner/s

Versus

1. The State Of Bihar through the Chief Secretary, Government of Bihar, Patna

2. The Divisional Commissioner, Gaya Division, Gaya

3. The Collector, Gaya, District Gaya

4. The Deputy Collector Of Land Reforms, Gaya Sadar, Gaya

5. The Circle Officer, Bodhgaya, Gaya

6. Shri Ram Baran Sharma, Son Of Late Din Dayal Sharma, Resident Of Village - Mastpura, P.S. - Bodhgaya, District - Gaya

7. Shri Ram Sharan Sharma, Son Of Late Din Dyal Sharma, Resident Of Village - Mastpura, P.S. - Bodhgaya, District - Gaya

8. Md. Ziyauddin, Son Of Late Md. Nesaruddin, Resident Of Mohalla - Gewal Bigha, P.S. - Rampur, District - Gaya .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Amrendra Kumar Sinha No.1, Adv. Mr. Anil Kumar Sinha, Adv.

For the Respondent nos.1to5: Mr. Parmeshwar Vishwakarma, AC to GP-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 18-12-2015 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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

Patna High Court CWJC No.21930 of 2013 (2) dt.18-12-2015 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 six weeks 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 29.10.2013 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U