Shan Mohammad And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13138 of 2014 ======================================================

1. Shan Mohammad son of late Muslim Ali

2. Md. Salim son of late Taiyab Ali, Both resident of village - Baulia Police Station - Manihari, District - Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar through the Collector, Katihar.

2. The Collector, Katihar

3. The Additional Collector, Katihar.

4. The Deputy Collector Land Reforms, Katihar.

5. The Circle Officer, Mansahi District - Katihar.

6. Lakshman Sharma

7. Mahavir Sharma, Both sons of Kishori Sharma

8. Faugni Devi Wife of Lakshman Sharma

9. Reshmi Devi Wife of Mahavir Sharma

10. Anup Sharma

11. Sanup Sharma Both sons of Jhapti Sharma

12. Ashia Devi Wife of Anup Sharma

13. Nitya Devi Wife of Sanup Sharma

14. Yogi Sharma

15. Munshi Sharma Both sons of late Kishori Sharma

16. Kari Devi Wife of Yogi Sharma

17. Domni Devi Wife of Munshi Sharma

18. Gopal Paswan

19. Shyam Paswan

20. Naresh Paswan All sons of Tiklu Paswan

21. Majri Devi Wife of Gopal Paswan

22. Sita Devi Wife of Shyam Paswan

23. Sudhiya Devi Wife of Naresh Paswan

24. Dukha Paswan Son of Bhim Paswan

25. Dulari Wife of Dukha Paswan

26. Sita Ram Paswan

27. Ram Paswan Both sons of Shukdev

28. Rampatia Devi Wife of Sita Ram Paswan

29. Sampatia Devi Wife of Ram Paswan

30. Hira Ravidas Son of Fuddi Ravidas

31. Hemia Devi Wife of Hira Ravidas

32. Shyam Lal Ravidas Son of Sri Ravidas

33. Ala Devi Wife of Shyam Lal Ravidas

34. Akhilesh Ravidas Son of Popan Ravidas

35. Lakhia Devi Wife of Akhilesh Ravidas

36. Mangal Ravidas Son of Haghanu

37. Somiya Devi Wife of Mangal Ravidas

38. Jyotish Paswan Son of Mannu Paswan

39. Champa Devi Wife of Jyotish Paswan

40. Sudhir Paswan Son of Lakhan Paswan

41. Geeta Devi Wife of Sudhir Paswan

42. Chandra Dev Paswan Son of Khokha Paswan

43. Geeta Devi Wife of Chandra Dev Paswan

Patna High Court CWJC No.13138 of 2014 (2) dt.09-09-2016 2/3

44. Most. Dhanjia

45. Most. Binda Devi Both Wives of late Shyamlal Dom All Residents of Village - Dilarpur, Katihar.

46. Lal Mohammad Son of Abdul Salam

47. Abdul Haque Son of late Siddique Hussain

48. Abdul Sakim Son of late Siddique Hussain

49. Abdul Jabbar Son of Choudhary Hazi Ayub Ali

50. Amanat Ali Son of late Abbas Ali

51. Md. Ishaque Son of late Muslim

52. Md. Suleman Son of late Khabiruddin

53. Abu Said Son of late Abbas Ali

54. Aabad Ali Son of Md. Ali, All residents of Village - Baulia Police Station - Manihari District - Katihar.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Ms. Sushmita Mishra, Adv. For the Respondent Nos. 1 to 4 : Mr. Manoj Kumar Yadav, AC to GA-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 09-09-2016 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 period of eight weeks from today with a certified copy of the

Patna High Court CWJC No.13138 of 2014 (2) dt.09-09-2016 3/3 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 1.8.2014 and that remained pending till date. (Birendra Prasad Verma, J) BTiwary/- U