Ramesh Thakur v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.4044 of 2012 ====================================================== Ramesh Thakur Son of Late Indradeo Thakur, Resident of Village- Bhaikh, P.O.- Bhaikh, P.S.- Madhumpur, District- Jehanabad .... .... Petitioner/s
Versus
1. The State of Bihar
2. Commissioner Magadh Division, Gaya
3. Additional Collector, Jehanabad
4. Smt. Partima Devi Wife of Umesh Malkar, Resident of Mauza Lodipur Bhaikh, P.S.- Makhdumpur, District- Jehanabad
5. Anandi Malakar Son of Nathun Malakar, Resident of Mauza Lodipur Bhaikh, P.S.- Makhdumpur, District- Jehanabad .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shankar Kumar Thakur For the Respondent No.1 to 3 : Mr. Bijay Kumar Sinha, AC to AAG-IX ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 21-09-2015 After some argument, learned counsel appearing on behalf of the petitioner, in presence of the learned State counsel appearing on behalf of the respondent no. 1 to 3, 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The writ petition stands dismissed as withdrawn with the liberty aforesaid.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 petitioner before the learned Bihar Land Tribunal, Patna within a period of two months from today with a certified copy of the
Patna High Court CWJC No.4044 of 2012 (3) dt.21-09-2015 2/2 present order, and if it is found that it has 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 advise, the present writ petition was filed before this Court on 27.02.2012 and that remained pending till date.
(Birendra Prasad Verma, J) BTiwary/- U