Ram Ekwal Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15250 of 2013 ====================================================== Ram Ekwal Singh son of Late Rajdeo Singh, resident of Village Ratanpura, P.O. and P.S. Motipur, District Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector, Muzaffarpur

3. The Additional Collector, Muzaffarpur

4. The Deputy Collector, Land Reforms, East, Muzaffarpur

5. Shri Nagina Singh son of Late Hardeo Singh, Government Pleader (G.P.), resident of Mohalla Rahul Nagar, Chandni Chowk, Brahmpura, P.S. Kanti, District Muzaffaprur

6. Shri Ram Naresh Pandey son of Ram Charittar Pandey Assistant Government Pleader (A.G.P.) resident of Mohalla Bharat Wagon Colony, south of Sanjay Cinema Hall, P.S. Brahmpura, District Muzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Singh, Advocate For the Respondent Nos. 1 to 6 : Mr. Anjani Kumar, AAG 6 For the Intervener : Mr.Shankar Kishore Shahi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 07-12-2015 Learned counsel appearing on behalf of the petitioner has fairly submitted that, during the pendency of the present writ petition, final order has been passed by the respondent Additional Collector, Muzaffarpur in Jamabandi Appeal Case No. 52 of 2013 on 06.01.2015, whereby the claim of the petitioner regarding lands in question has been rejected.

In above view of the matter, after some argument, the 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

Patna High Court CWJC No.15250 of 2013 (8) dt.07-12-2015 2/2 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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 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 06.08.2013 and that remained pending till date.

(Birendra Prasad Verma, J) Tahir/- U