Achyutanand Prasad @ Achyutanand Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5582 of 2015 ======================================================

1. Achyutanand Prasad @ Achyutanand Singh S/o Late ram Kishun Singh

2. Jang Bahadur Singh

3. Gopal Kumar

4. Mukesh Kumar

5. Bipin Kumar Petitioner Nos. 2 to 5 are sons of Achyutanand Singh and Petitioner Nos. 1 to 5 are residents of village- Guruchak, P.S. Akbarpur, District- Nawadah.

6. Bibha Kumari D/o Achutanand Singh, resident of village- Guruchak, P.S. Akbarpur, District- Nawadah.

7. Sheela Devi wife of Vijay Kumar, resident of Village- Salempur, P.S. Rajauli, District- Nawadah.

8. Sushila Devi wife of Iaswar Dayal , resident of Village- Baksanda, P.S. Akbarpur, District- Nawadah.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Additional Member, Board of Revenue, Bihar, Patna.

3. The collector-cum-District Magistrate, Nawadah.

4. The Deputy Collector, Land Reforms, Nawadah.

5. The Circle Officer, Akbarpur, Nawadah.

6. Shailendra Ram

7. Raj Kumar

8. Mahendra Ram Respondent Nos. 6 to 8 are sons of Late Bishundhari Ram and residents of Village- Ramdeo, P.S. - Akbarpur, District- Nawadah.

9. Md. Anu Master @ Enamullah son of Late Kazi Sanaullah

10. Md. Maksud Alam son of Late Kazi Sanaullah Respondent Nos.9 & 10 are residents of Village- Rajghat, P.S. Akbarpur, District - Nawadah.

11. Narendra Kumar son of Late Ram Kishun Singh, resident of village- Guruchak, P.S. Akbarpur, District- Nawadah.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhola Prasad, Advocate For the Respondent Nos. 1 to 5: Mr. Rakesh Kumar Ranjan, AC to GA 5 For the Respondent Nos. 6 to 8: Mr. Jitendra Pd.Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 18-11-2016 After some argument, the learned counsel appearing on behalf of the petitioners, in presence of the learned counsel appearing on behalf of the respondent nos. 1 to 8, seeks permission to withdraw the present writ petition with a liberty to

Patna High Court CWJC No.5582 of 2015 (2) dt.18-11-2016 2/2 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 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 eight 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 bona fide legal advice, the present writ petition was filed before this Court on 09.04.2015 and that remained pending till date. (Birendra Prasad Verma, J) Tahir/- U