Patna High CourtCWJC/7382/2014withdrawn

Mamun Bakht Khan And ANR v. The State Of Bihar And ORS

2016-09-29Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7382 of 2014 ======================================================

1. Mamun Bakht Khan

2. Yasin Araft Khan, Both Sons of Late Harun Bakht Khan, resident of Village- Belwar, P.O.- Borakala, Police Station- Kothi, District- Gaya .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Joint Director, Consolidation, Magadh Division, Gaya

3. The Consolidation Officer, Imamganj, District- Gaya

4. Noor Mohammad Mian, Son of Late Rahat Mian, resident of Basura, P.O.- Borakala, Police Station- Kothi, District- Gaya .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Javed Jafar Khan, Adv. Mr. Arvind Kumar Sinha, Adv.

For the Respondent Nos. 1 to 3 : Mr. Shailesh Kumar, AC to G.P. 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 29-09-2016 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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.7382 of 2014 (2) dt.29-09-2016 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 16.4.2014 and that remained pending till date.

(Birendra Prasad Verma, J) BTiwary/- U