Bishwanath Rai And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24440 of 2013 ======================================================

1. Bishwanath Rai Son of Late Ajab Lal Rai, Resident of Village- Raipur Bujurg, P.S.- Sarairanjan, District- Samastipur

2. Baijnath Rai Son of Late Ajab Lal Rai, Resident of Village- Raipur Bujurg, P.S.- Sarairanjan, District- Samastipur .... .... Petitioner/s

Versus

1. The State of Bihar through the Member Board of Revenue

2. The Divisional Commissioner, Darbhanga

3. The Additional Collector, Samastipur

4. The Deputy Collector Land Reforms (D.C.L.R.), Samastipur

5. Sonelal Rai Son of Late Dhanichand Rai, Resident of Village- Raipur Bujurg, P.S.- Sarairanjan, District- Samastipur

6. Mostt. Dhanma Devi W/O Late Narain Rai, Resident of VillageBalbhadrapur Maheshi, P.S.- Sarairanjan, District- Samastipur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra For the Respondent No.1 to 4 : Mr. Prabhat Ranjan, AC to G.P.-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 06-01-2016 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(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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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

Patna High Court CWJC No.24440 of 2013 (2) dt.06-01-2016 2/2 period of six weeks 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 before this Court on 06.12.2013 and that remained pending till date.

(Birendra Prasad Verma, J) BTiwary/- U