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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7591 of 2013 ======================================================

1. Rabindra Kumar son of Late Madhusudan Prasad, resident of Village - Noorsarai, Post and Police Station - Noorsarai, District - Nalanda

2. Sunil Kumar son of Late Madhusudan Prasad, resident of Village - Noorsarai, Post and Police Station - Noorsarai, District - Nalanda

3. Mukund Madav son of Late Madhusudan Prasad, resident of Village - Noorsarai, Post and Police Station - Noorsarai, District - Nalanda

4. Krishna Murari son of Late Madhusudan Prasad, resident of Village - Noorsarai, Post and Police Station - Noorsarai, District - Nalanda

5. Vivek Kumar son of Late Anil Kumar, resident of Village - Noorsarai, Post and Police Station - Noorsarai, District - Nalanda .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Coolector, Nalanda at Biharsharif

3. The Additional College, Nalanda

4. The Deputy Collector Land Reforms, Nalanda at Biharsharif

5. The Circle Officer, Noorsarai, Nalanda

6. Most Vidyawati Devi wife of Late Dinesh Prasad, resident of Village - Noorsarai, Mohalla - Dayanaga, P.O. and P.S. - Noorsarai, District - Nalanda, at present residing at Pankaj Kumar, daughter of Ashok Prasad Bhadani, resident of Village - Kirani Ghat ( Gaya ), P.O. + P.S. Gaya, District - Gaya

7. Ashok Kumar son of Late Prasadi Sao, resident of Village - Noorsarai, P.O. + P.S. Noorsarai, Distt. - Nalanda

8. Birendra Kumar son of Sadhu Yadav, resident of Village - Bhakhari, P.S. Noorsarai, Distt. - Nalanda

9. Rajesh Kumar son of Shri Ramniwas Prasad, resident of Village - Satyanagar , P.S. Islampur, District - Nalanda .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mrs. Asha Kumari, Advocate For the Respondent Nos.1 to 5: Mr.Prabhat Kumar, AC to GA 2 For the Respondent Nos.6 to 9: Mr.Bishwanath Choudhary, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER --------------- 06-11-2015 After some argument, the learned counsel appearing on behalf of the petitioners, 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

Patna High Court CWJC No.7591 of 2013 (3) dt.06-11-2015 2/2 (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 petitioners 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 petitioners 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 09.04.2013 and that remained pending till date. (Birendra Prasad Verma, J) Tahir/- U