Phool Chuna Devi And ORS v. The State Of Bihar Through The Secretary Revenue And Land Reforms Department Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3417 of 2015 In Civil Writ Jurisdiction Case No. 6788 of 2012 ======================================================

1. Phool Chuna Devi, Wife of Hemant Rao

2. Anila Devi, Wife of Prabhu Rao

3. Poonam Devi, Wife of Shambhoo Rao All residents of Village - Maldi, P.S. Shikarpur Narkatiyaganj, District - West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary Revenue And Land Reforms Department Bihar, Patna.

2. The Presiding Officer-cum-Minister Revenue and Land Reforms Department, Bihar, Patna.

3. The Collector, West Champaran, Bettiah.

4. The Addl. Collector, West Champaran, Bettiah.

5. The S.D.O. Narkatiyaganj, West Champaran.

6. The Land Reforms Dy. Collector, Narkatiyaganj, West Champaran.

7. The Anchal Adhikari, Narkatiyaganj, West Champaran.

8. Dwarika Ram Son of Bhoj Ram

9. Pattan Ram Son of Bhagat Ram

10. Chanar Ram Son of Man Bodh Ram Respondents No. 8 to 10 are resident of Village - Maldi, P.S. - Shikarpur, District - West Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar Singh, Adv. Mr. Rakesh Kumar, Adv.

For the Opposite Party nos.1to7 : Mr. Avnish Nandan Sinha, GP-XI ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 29-06-2016 MJC No.3417 of 2015 Heard.

The present MJC application has been filed for restoration of CWJC No.6788 of 2012, which stood dismissed for want of prosecution by an order dated 21.09.2015. For the reasons disclosed in the present MJC application, the prayer for restoration is allowed. CWJC No.6788 of 2012 is restored to its original file.

The present MJC application stands finally disposed of with the observations and directions made above.

Patna High Court MJC No.3417 of 2015 (2) dt.29-06-2016 CWJC No.6788 of 2012 On the request of the learned counsel appearing on behalf of the parties, the main writ petition has been taken up for consideration on merits.

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, 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 petitioner 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 05.04.2012 and on one ground or the other the same remained pending before this Court till date.

Arvind/- (Birendra Prasad Verma, J) U