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Patna High CourtCWJC/11897/2012withdrawn

Ram Dayal Ram And ORS v. The State Of Bihar And ORS

2016-01-22Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11897 of 2012 ======================================================

1. Ram Dayal Ram, Son Of Late Bigha Ram

2. Chandrika Ram, Son Of Late Adiya Ram

3. Devraj Ram, Son Of Sahdeo Ram

4. Girghit Ram, Son Of Late Udhadi Ram

5. Bikram Ram, Son Of Late Gajadhar Ram

6. Bindhyachal Ram, Son Of Late Sahdeo Ram

7. Dhrup Ram, Son Of Late Vijayee Ram

8. Most. Swari Kunwar, Wife Of Banaras Ram

9. Most. Swarsati Kunwar, Wife Of Munar Ram

10. Bagar Ram, Son Of Kariman Ram

11. Most. Phulmati Devi, Wife Of Sukayee Ram

12. Meera Devi, Wife Of Kedar Ram

13. Faudari Ram, Son Of Late Anwat Ram

14. Madan Ram, Son Of Late Mahanthi Ram

15. Nagendra Ram, Son Of Late Moti Ram

16. Kundan Ram, Son Of Bindhyachal Ram All Resident Of Village- Bishamharapur, Police Station- Bhairoganj, Post Office- Mahura, District- West Champaran .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The District Magistrate, Bettiah, West Champaran

3. The Sub-Divisional Magistrate, Bagaha, West Champaran

4. The Circle Officer, Bagaha- 1

5. The Superintendent of Police, Bagaha, West Champaran

6. The Deputy Superintendent of Police, Bagaha, West Champaran

7. The Circle Police Inspector, Bagaha, West Champaran

8. Officer Incharge, Bhairoganj, Bagaha, West Champaran

9. Rameshwar Prasad, Son of Bishwanath Prasad

10. Prem Kishore Prasad, Son Of Saryug Sah Both are Resident of Village- Lagunaha, P.O. Patihar, P.S. Chautarwa, District- West Champaran .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Raj Kishore Rai, Adv. Mr. A.K.Chaudhary, Adv.

Mr. Binod Kumar Yadav, Adv.

For the Respondent nos.1to8 : Mr. Manoj Kumar Sinha, AC to SC-30 For the Respondent no.9 : Mr.B.N.P.Singh, Adv. Mr.Anil Chandra, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 22-01-2016 After some argument, the learned counsel appearing on behalf of the petitioners, in presence of the learned counsel

Patna High Court CWJC No.11897 of 2012 (4) dt.22-01-2016 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, 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 four 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 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 09.07.2012 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U