Situ Kumar And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7099 of 2015 ======================================================

1. Situ Kumar

2. Binu Sahu Both sons of Late Madhu Sudhan Pd. Sahu

3. Shwastika Pd. Sahu

4. Triloki Pd. Sahu Both sons of Late Shyam Sunder Pd. Sahu All Resident of Mohalla Purani Bazar (Sahu Pokhar) behind Bara Mandir, P.O. + P.S. Muzaffarpur Town, Subdivision-Muzaffarpur, District Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms Bihar, Patna.

2. The Divisional Commissioner Tirhut Division, Muzaffarpur.

3. The Collector, Muzaffarpur, Office at District Collectorate Muzaffarpur, P.O. + P.S. Muzaffarpur Town, District Muzaffarpur.

4. The Dy. Collector, Land Reforms West Muzaffarpur, P.S. Muzaffarpur Twon, District Muzaffarpur.

5. The Sub-Divisional Officer Construction Division PWD Maripur, P.O. Town, P.S. Kazi Mohammadpur, District Muzaffarpur.

6. The Circle Officer, Circle Office Kudhani (Muzaffarpur). .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arvind Kumar Sinha For the Respondent/s : Mr. Rajesh Kumar, AC to GP-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 08-09-2015 Learned counsel appearing on behalf of the petitioners has fairly submitted that against the impugned order dated 10.02.2014 (Annexure-3) passed in Land Dispute Case No.220 of 2012-13 by the respondent D.C.L.R.,West, Muzaffarpur an appeal does lie before the statutory appellate authority. In above view of the matter, he seeks permission to withdraw the present writ petition with a liberty to approach the appellate authority for grant of appropriate relief(s) with respect to the lands under dispute.

Patna High Court CWJC No.7099 of 2015 (2) dt.08-09-2015 Permission is accorded.

The writ petition stands dismissed as withdrawn with the liberty aforesaid.

If such an appeal is filed on behalf of the petitioners within a period of two weeks from today with a certified copy of the present order and, if it is found that it has become barred by limitation and, if any petition is filed on behalf of the petitioners for condonation of such delay, then the learned appellate authority shall take into consideration that on a bonafide legal advice the present writ petition was filed on 04.05.2015 and that remained pending before this Court till date.

(Birendra Prasad Verma, J) Arvind/- U