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Patna High CourtCWJC/25295/2013withdrawn

Md. Ibrahim And ORS v. The State Of Bihar And ORS

2016-01-15Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25295 of 2013 ======================================================

1. Md. Ibrahim, Son Of Late Md. Yakub

2. Md. Abdul Ajiz, Son Of Late Alauddin @ Luri

3. Md. Tasir, Son Of Late Md. Habib

4. Md. Ishrail @ Md. Ijrail, Son Of Late Md. Habib

5. Md. Mohid, Son Of Late Md. Yusuf

6. Md. Sharif, Son Of Late Habib

7. Md. Yunus, Son Of Late Md. Shahid

8. Md. Hasim @ Hasim, Son Of Late Md. Siraj

9. Md. Usman, Son Of Late Md. Yakub All Resident Of Village- Chhappan, P.O.- Durgapur, P.S.- Bhawanipur, District- Purnea .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The District Collector, Purnea

3. The Sub-Divisional Officer, Dhamdaha Purnea

4. The Deputy Collector, Land Reforms, Dhamdaha, District- Purnea

5. The Circle Officer, Bhawanipur, District- Purnea

6. Sri Narendra Mandal

7. Mantun Mandal @ Amarendra Mandal Both nos.6 and 7 Resident Of Village- Brahma Gyani, P.S.- Bhawanipur, District- Purnea

8. Brajesh Mandal @ Om Kumar, Son Of Sri Priyavart Mandal

9. Priyavart Mandal (Mahto) Son Of Late Asharfi Mandal Both nos. 8 and 9 Resident Of Mohalla Deep Nagar, P.S.- Kotwali, DistrictBhagalpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abu Haider, Adv. Mr.Nadimul Hasan, Adv.

For the Respondent nos.1to5 : Mr. Swapnil Kumar Singh, AC to GP-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 15-01-2016 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

Patna High Court CWJC No.25295 of 2013 (5) dt.15-01-2016 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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 19.12.2013 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U