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Patna High CourtCWJC/9619/2014withdrawn

Mukesh Kumar Sinha And ORS v. The State Of Bihar And ORS

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9619 of 2014 ======================================================

1. Mukesh Kumar Sinha, Son of Sri Bageshwari Lal, Resident of Mohalla Chand Chaura, Colora Hospital, Northern side Gate, P.S. Civil Lines, District - Gaya.

2. Ravi Shankar Sinha, Son of Bimal Kumar Sinha, Resident of Mohalla - Tilha Dharamshala, P.S. Civil Lines, District - Gaya.

3. Dhaneshwari Devi, Wife of Laxmi Narain, Resident of Mohalla - Gewal Bigha, P.S. Rampur, District & Town - Gaya.

4. Kumar Ajit Saran, Son of Late Banswari Sharan, Resident of Mohalla - Chandchaura, P.S. Civil Lines, District & Town - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar through Secretary, Revenue & Land Reforms Department, Govt. of Bihar, Patna.

2. The District Magistrate, Gaya.

3. Anchal Adhikari, Bodh-Gaya, District - Gaya.

4. Mahanth Sri Sudarshan Giri Chela Mahanth Jagdishanand resident of Bodh-Gaya Math, Anchal and Police Station - BodhGaya, District - Gaya.

5. Jangi Manjhi Son of Bandho Manjhi

6. Most. Phuleshwari Wife of Bandho Manjhi

7. Jagarnath Manjhi Son of Bandho Manjhi

8. Rameshwar Manjhi Son of Bandho Manjhi

9. Most Kunarwa W/o Samahu Manjhi

10. Saryug Manjhi Son of Paik Manjhi

11. Sonu Manjhi Son of Sukar Manjhi

12. Dharam Manjhi Son of Biphan Manjhi

13. Ojha Manjhi Son of Faguni Manjhi

14. Chandar Manjhi Son of Simar Manjhi

15. Mangar Manjhi Son of Chedi Manjhi

16. Devi Manjhi Son of Kunjal Manjhi

17. Beni Manjhi Son of Kunjal Manjhi All are residents of village Mastipur, P.S. Bodhgaya, District - Gaya. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Prawesh Kumar, Adv. For the Respondent nos.1to3 : Mr. R.S. Singh, AC to AAG-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 02-09-2016 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

Patna High Court CWJC No.9619 of 2014 (2) dt.02-09-2016 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, which may be available to them, before the learned Bihar Land Tribunal, Patna.

If an appropriate petition is filed on behalf of the petitioners within a period of one month 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 bonafide legal advice the present writ petition was filed on 12.06.2014 and that remained pending before this Court till date. Arvind/- (Birendra Prasad Verma, J) U