Sheikh Idrish v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.18560 of 2012 ====================================================== Sheikh Idrish S/O Sheikh Ismail R/O Village- Pachhiyari Jhirua Ward No. 12, P.O.-Basgarha, P.S.- Simraha, District- Araria .... .... Petitioner/s

Versus

1. The State of Bihar through the Divisional Commissioner, Purnea Division, Purnea

2. The Deputy Collector, Land Reforms, Forbesganj, Araria

3. Mir Sahnawaj S/O Mir Yunus R/O Village- Pachhiyari Jhirua, P.O.- Basgarha Rampur, P.S.- Simraha, District- Araria

4. Mir Sallauddin S/O Mir Yunus R/O Village- Pachhiyari Jhirua, P.O.- Basgarha Rampur, P.S.- Simraha, District- Araria .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Respondent Nos. 1 & 2 : Mr. Shailesh Kumar, AC to GP 20 For the Respondent Nos.3 & 4 : Mr.Amarendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER -------------- 06-10-2015 After some argument, 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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.18560 of 2012 (4) dt.06-10-2015 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 01.10.2012 and that remained pending till date.

(Birendra Prasad Verma, J) Tahir/- U