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Patna High CourtCWJC/23687/2013withdrawn

Siro Devi And ORS v. The State Of Bihar And ORS

2016-01-05Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23687 of 2013 ======================================================

1. Siro Devi wife of Maheshi Mandal, resident of Village - Simra, P.S. Tikapatti, District - Purnea, Presently Residing at Naya Tola Simra, P.S. Kurshela, District - Katihar

2. Fuleshwar Mandal son of Late Kishan Mandal, resident of Village - Simra, P.S. Tikapatti, District - Purnea, Presently Residing at Naya Tola Simra, P.S. Kurshela, District - Katihar

3. Gulchi Mandal son of Late Kishan Mandal, resident of Village - Simra, P.S. Tikapatti, District - Purnea, Presently Residing at Naya Tola Simra, P.S. Kurshela, District - Katihar

4. Zira Devi @ Zero Devi wife of Pirthwi Mandal, resident of Village - Simra, P.S. Tikapatti, District - Purnea, presently residing at Naya Tola Simra, P.S. Kurshela, District - Katihar

5. Shiv Narain Mandal son of Late Thithar Mandal, resident of Village - Simra, P.S. Tikapatti, District - Purnea, presently residing at Naya Tola Simra, P.S. Kurshela, District - Katihar .... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Land and Revenue Department, Govt. of Bihar, Patna

2. The Collector, Katihar, District - Katihar

3. The Deputy Collector of Land Reforms, Katihar, District - Katihar

4. The Circle Officer Circle Office Sameli, District - Katihar

5. Surya Narayan Yadav son of Late Devi Yadav, resident of Village - Simra, P.S. Tikkapatti, District - Purnea, presently residing at Awadhesh Nagar, P.S. Kurshela, Anchal Barari, District - Katihar

6. Smt. Pratibha Devi wife of Dr. Mritunjay Kumar Singh, resident Of Kutchehry Road, Kashipur Ward No. 9, Samastipur, P.S. Samastipur, District - Samastipur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar, Advocate For the Respondent Nos. 1 to 4: Mr. Sanjay Kumar Singh, AC to SC 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 05-01-2016 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

Patna High Court CWJC No.23687 of 2013 (2) dt.05-01-2016 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 petitioners 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 petitioners 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 27.11.2013 and that remained pending till date. (Birendra Prasad Verma, J) Tahir/- U