Jeewan Prakash v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22731 of 2012 ====================================================== Jeewan Prakash S/O Late Mangal Prasad R/O Mohalla- Laliahi-Katihar, Police Station- Katihar-Sahayak, District- Katihar and temporarily residing at Ram Krishna Avenue (Nala Road), Police Station- Kadam Kuwan, District- Patna .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Sub-Divisional Officer, Katihar

3. The Circle Officer, Katihar

4. Shri Satya Narain Sah S/O Late Janak Sah R/O Mohalla- Laliahi Katihar, Police Station- Katihar Sahayak, District- Katihar

5. Shri Krishna Chandra Prasad Sinha S/O Late Laljee Prasad R/O 52, Guru Gobind Singh Marg, Lucknow (U.P.) through his Attorney Sri Shankar Singh, S/O Late Tarni Prasad Singh, R/O Mohalla- Laliahi Katihar, Police Station- Katihar Sahayak, District- Katihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. A.P.Ambastha, Advocate Mr.Binay Kumar Sinha, Advocate For the Respondent Nos. 1 to 3: Mr.Shashi Shekhar Pd.Sinha, AC to GA 13 For the Respondent Nos. 4 & 5 : Mr.Raghib Ahsan, Sr.Advocate Mr.Om Prakash Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER ------------------- 15-10-2015 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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,

Patna High Court CWJC No.22731 of 2012 (4) dt.15-10-2015 2/2 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 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 10.12.2012 and that remained pending till date.

(Birendra Prasad Verma, J) Tahir/- U