Asha Devi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22370 of 2014 ====================================================== Asha Devi, Wife of Surya Narain Yadav, resident of Village- Hardia, P.S.- Choutham, District- Khagaria .... .... Petitioner/s

Versus

1. The State of Bihar ,

2. The District Magistrate, Khagaria,

3. The Additional Collector,Khagaria.

4. The Land Reforms Deputy Collector, Khagaria,

5. Kuldeep Pandit , Son of late Shyamlal Pandit, null

6. Ashutosh Kumar Bharti, Son of late Mahavir Pandit,

7. Shivendra Kumar Bharti, Son of late Mahavir Pandit, Respondent No. 5 to 7 are residents of Village- Rupni, P.S.- Choutham, District- Khagaria.

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

For the Petitioner/s : Mr. Prashant Sinha, Adv. For the Respondent Nos. 1 to 4 : Ms. Nutan Sharma, AC to GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 28-11-2016 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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

Patna High Court CWJC No.22370 of 2014 (2) dt.28-11-2016 2/2 petitioner before the learned Bihar Land Tribunal, Patna within a 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 bonafide legal advice, the present writ petition was filed before this Court on 24.12.2014 and that remained pending till date.

(Birendra Prasad Verma, J) BTiwary/- U