Gulsher Khan And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3495 of 2016 ======================================================

1. Gulsher Khan

2. Sher Afgan Khan @ Shekhu Khan, Both Sons of Mahamud Khan,

3. Chandrama Dubey,

4. Ramdayal Dubey,

5. Birendra Dubey,

6. Jaydarath Dubey @ Jayee Dubey, All sons of Late Sheo Kumar Dubey, all are of resident of village - Sawrejee, P.O. - Sawrejee, Police Station - Mirganj, District - Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar through the District Magistrate, Gopalganj.

2. The Additional Collector, Gopalganj.

3. The Deputy Collector Land Reforms, hathua, Gopalganj.

4. The Circle Officer, Hathua, Gopalganj.

5. Gulam Sarawar @ Ghongha Gaddi.

6. Minhajuddin @ Manoj Gaddi, Both Sons of Late Hasmuddin Gaddi @ Ismuddin Gaddi, resident of village - Sawrejee,Police Station - Mirganj, District - Gopalganj.

7. Minhaj @ Mina Gaddi,

8. Akbal @ Akbar @ Amod Gaddi, Both Sons of Late Hasmuddin Gaddi @ Ismuddin Gaddi, Resident of Village - Sawrejee, Police Station - Mirganj, District - Gopalganj.

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

For the Petitioner/s : Mr. Prabhat Kumar Singh, Adv. Mr. Lokesh Kumar Singh, Adv.

For the Respondent Nos. 1 to 4: Mr. Nadim Seraj, G.P. 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 19-09-2016 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.

Patna High Court CWJC No.3495 of 2016 (2) dt.19-09-2016 2/2 The writ petition stands disposed of as withdrawn with the liberty aforesaid.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 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 18.2.2016 and that remained pending till date.

(Birendra Prasad Verma, J) BTiwary/- U