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Patna High CourtCWJC/3555/2016withdrawn

Md. Abdul Aziz @ Abdul Aziz And ORS v. The State Of Bihar And ORS

2016-10-25Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3555 of 2016 ======================================================

1. Md. Abdul Aziz @ Abdul Aziz, Son of Late Alauddin @ Ludo

2. Md. Tasir

3. Md. Izrail, Both sons of Late Md. Habib

4. Md. Moheed, Son of Late Md. Yousuf

5. Md. Sharif, Son of Late Md. Habib

6. Md. Younus, Son of Late Md. Sajeed

7. Md. Hashim @ Hashim, Son of Late Md. Seraj

8. Md. Usman

9. Md. Ibrahim, Both sons of Late Md. Yaqoob All resident of 56 P.O. Durgapur, P.S.- Anchal Bhawanipur, DistrictPurnea. .... .... Petitioner/s

Versus

1. The State of Bihar through the Collector, District Purnea.

2. The Deputy Collector Land Reforms, District Purnea.

3. The Anchal Adhikari, Bhawanipur, District Purnea.

4. The S.D.M., Dhamdaha, District Purnea.

5. The A.S.I. Bhawanipur P.S., District Purnea

6. Sri Narendra Mandal, Son of Late Bhuneshwar Mandal

7. Mantun Mandal @ Amrendra Mandal, Son of Bhuneshwar Mandal Both Resident of Brahmagyani, P.S. Anchal- Bhawanipur, District Purnea.

8. Bajesh Mandal @ Om Kumar, Son of Priyabrat Mandal

9. Priyabrat Mahto (Mandal), Son of Late Asharfi Mandal Both Resident of Mudballa Deep Nagar, P.S. Kotwali, District- Bhagalpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Naushad, Adv. Mrs.Zakia Ozair, Adv.

For the Respondent no.8 : Mr. Rajib Ranjan Jha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 25-10-2016 After some argument, the learned counsel appearing on behalf of the petitioners, in presence of the learned counsel appearing on behalf of the respondent no.8, seeks permission to withdraw the present writ petition with a liberty to approach the District Collector, Purnea under the provisions of Section 48-F of The Bihar Tenancy Act, 1885 for grant of an appropriate relief to the petitioners with respect to the lands claimed by them as also

Patna High Court CWJC No.3555 of 2016 (2) dt.25-10-2016 the order impugned.

Permission is accorded.

The writ petition stands disposed of as withdrawn with the liberty aforesaid.

If an appropriate appeal is filed on behalf of the petitioners within a period of one month from today, after impleading all the necessary parties including the respondents herein, 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 appellate authority shall take into consideration that on a bonafide legal advice the present writ petition was filed on 19.02.2016 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U