Upendra Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21854 of 2012 ====================================================== Upendra Yadav S/O Dwarika Yadav, R/O Puri Mohalla-Ward No.21, Patna Ke Phatak, Nagar Panchayat Daud Nagar, P.S.-Daud Nagar, DisttAurangabad .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate Cum Collector, Aurangabad

3. The Survey Settlement Officer, Survey Office, Gaya

4. The Assistant Survey, Settlement Officer, Survey Office, Gaya

5. The Anchal Adhikari, Daud Nagar, Aurangabad

6. The Executive Officer, Nagar Panchayat , Daud Nagar, Distt-Aurangabad .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Pandey For the RespondentNo.1 to 5 : Mr. Harish Kumar, G.P. 32 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 14-10-2015 After some argument, learned counsel appearing on behalf of the petitioner seeks permission to withdraw the present writ petition with a liberty to approach the appellate authority under the provisions of The Bihar & Orissa Municipal Survey Act, 1920 read with the Rules framed thereunder for grant of appropriate relief(s) with respect to the order impugned. Permission is accorded.

The writ petition stands dismissed as withdrawn with the liberty aforesaid.

If such an appeal is filed on behalf of the petitioner within a period of four weeks 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 appellate authority shall take into consideration that on a bonafide legal advice, the present writ petition was filed before this Court on 27.11.2012 and that

Patna High Court CWJC No.21854 of 2012 (7) dt.14-10-2015 2/2 remained pending till date.

(Birendra Prasad Verma, J) BTiwary/- U