Patna High CourtCWJC/229/2015withdrawn

Tip Narain Sah v. The State Of Bihar And ORS

2015-02-02Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.229 of 2015 ====================================================== Tip Narain Sah son of Late Nand Lal Sah, resident of vill-Bhargawan, P.S. Bhargawan, Dist. Begusarai.

.... .... Petitioner

Versus

1. The State of Bihar

2. The Additional Collector, Araria

3. The Circle Officer, Bhargama, Araria .... .... Respondent 1st set.

4. Bibhishan Sah son of late Sibu Sah, resident of vill-Bhargawan, P.S. Bhargawan, Dist. Begusarai.

.... ........ Respondent 2nd set

5. Shri Narayan Sah

6. Rajendra Sah, both no.2 and 3 are sons of late Hulai Sah, resident of vill-Bhargama, P.S. Bhargama,Dist. Araria.

. ......... .... Respondent 3rd set ====================================================== Appearance :

For the Petitioner/s : Mr. Makardhwaj Upadhyay For the Respondent/s : Mr. Madhuresh Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 02-02-2015 Heard the parties.

The writ application arises out of a mutation proceeding and is directed against the order passed by the Additional Collector, Araria upholding the appellate order passed by the Deputy Collector Land Reforms, Forbesganj,Araria. Learned counsel for the petitioner seeks permission of this Court to withdraw this writ application in order to move the Tribunal constituted under the Bihar Land Tribunal Act, 2009 for redressal of the grievance. He points out that the appeal, if filed within time specified by this Court, may be directed to be

Patna High Court CWJC No.229 of 2015 (2) dt.02-02-2015 2/2 considered and disposed of on its own merit without raising an issue of limitation.

Having heard the parties, the writ application is permitted to be withdrawn enabling the petitioner to move the Tribunal for redressal of the grievance as raised in this writ application. If any such proceeding/appeal is filed within a period of four weeks, the Tribunal shall consider and dispose of the same on its own merit in accordance with law.

(Kishore Kumar Mandal, J) Shyam/- U