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Patna High CourtCWJC/21965/2012withdrawn

Jagdeo Yadav v. The State Of Bihar And ORS

2015-10-09Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21965 of 2012 ====================================================== Jagdeo Yadav son of Late Shyamu Yadav, resident of Village- Basudhar, P.S.- Itarhi, District- Buxar .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Sub-Divisional Officer, Buxar

3. The Additional Collector, Buxar, Collectorate, Buxar

4. The Commissioner, Patna Division, Patna

5. Harikishun Yadav son of Bhekha Yadav, resident of Village- Basudhar, P.S.- Itarhi, District- Buxar

6. Shankar Yadav son of Jagdeo Yadav, resident of Village- Basudhar, P.S.- Itarhi, District- Buxar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abinash Kumar, Advocate Mr.Binod Bihari Sinha, Advocate For the Respondent Nos.1 to 4 : Mr. Shashi Shekhar Pd.Sinha, AC to GA 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER ------------ 09-10-2015 After some argument, learned counsel appearing on behalf of the petitioner, in presence of the learned State counsel, 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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.21965 of 2012 (3) dt.09-10-2015 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 29.11.2012 and that remained pending till date.

(Birendra Prasad Verma, J) Tahir/- U