Manoj Kumar Lohia And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7395 of 2013 ======================================================

1. Manoj Kumar Lohia, Son Of Shri Jugal Kishor Lohia

2. Ashish Lohia, Son Of Shri Raj Kumar Maheshwari

3. Manorama Devi Lohia, Wife Of Shri Jugal Kishor Lohia

4. Jyoti Devi Lohia @ Joti Devi Wife Of Shri Prakash Kr. Lohia

5. Sita Devi @ Sita Devi Lohiya, Wife Of Shri Shyam Sundar Lohia

6. Archana Devi Lohia @ Archana Devi, W/O Shri Sumit Kr. Lohia

7. Mahabir Prasad Lohia, Son Of Late Nemchand Lohia

8. Ram Gopal Lohia, Son Of Late Nem Chand Lohia

9. Saraswati Devi Lohia @ Saraswati Devi, W/O Of Shri Ram Gopal Lohia

10. Prakash Kumar Lohia @ Prakash Lohiya, Son Of Shri Mahabir Prasad Lohia All Resident Of Sanauli Chouk, City Road, Gulabbag, Police StationSadar, District- Purnia .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Additional Collector, Purnia

3. The Anchal Adhikari, Purnia East Anchal within the District Of Purnia

4. Shri Bishwanath Kedia, Son Of Late Braj Mohan Kedia, Resident Of Mohalla- Gulabbag, Police Station- Sadar, District- Purnia through Shri Nakul Rastogi, Son Of Late Sita Ram Rastogi Of Durga Mandir, Old Cinema Road, Gulabbag, Police Station- Sadar, District- Purnia-Holding Power Of Attorney On Behalf Of Shri Bishwanath Kedia

5. Most. Domni Devi, Widow Of Late Nathu Lal Sah

6. Shri Nand Lal Sah, Son of Late Nathu Lal Sah

7. Shri Bishnu Prasad Sah, Son of Late Nathu Lal Sah

8. Shri Gopal Prasad Sah, Son of Late Nathu Lal Sah Respondent nos. 5 to 8 are resident of Kasba Gudri Bazar-Station Road, Police Station- Kasba, District- Purnia .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Prasad Ambstha Mr. R.K. Chaudhary For the Respondent nos.1to3 : Mr. S.K.Saraf, AC to GP-18 For the Respondent no.4 : Mr.T.N.Maitin, Sr.Adv. Mr.Harshwardhan Sahay For the Respondent no.5 : Mr.Pramod Rajpati ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 06-11-2015 After some argument, learned counsel appearing on behalf of the petitioners, in presence of learned counsel appearing on behalf of the respondents, seeks permission to withdraw the

Patna High Court CWJC No.7395 of 2013 (3) dt.06-11-2015 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, which may be available to them, before the learned Bihar Land Tribunal, Patna.

If an appropriate petition is filed on behalf of the petitioners 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 petitioners 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 on 08.04.2013 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U