Kanhaiya Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.312 of 2015 ====================================================== Kanhaiya Sharma S/o Late Ram Snehi Sharma, resident of village - Endari, P.S. Uphara, Distt. - Aurangabad .... .... Petitioner/s

Versus

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

2. The Commissioner, Magadh Pramandal, Gaya

3. The Land Reforms Deputy Collector, Daudnagar, Aurangabad

4. Shyam Nandan Sharma son of late Awadh Bihari Sharma r/o village - Endari, P.S. Uphara, Distt. - Aurangabad .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dinu Kumar, Advocate Ms. Kumari Neha, Advocate For the Respondent Nos. 1 to 3: Mr. Ram Asharay Ray, AC to AAG 11 For the Respondent no.4 : Mr. J.S.Arora, Sr.Advocate Mr.Manoj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 02-12-2016 After some argument, the learned counsel appearing on behalf of the petitioner, 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 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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 petitioner before the learned Bihar Land Tribunal, Patna within a

Patna High Court CWJC No.312 of 2015 (4) dt.02-12-2016 2/2 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 petitioner 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 06.01.2015 and that remained pending till date.

(Birendra Prasad Verma, J) Tahir/- U