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Patna High CourtCWJC/4658/2015withdrawn

Ram Hit Tanti And ORS v. The State Of Bihar And ORS

2016-09-20Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4658 of 2015 ======================================================

1. Ram Hit Tanti. S/o Ghuran Tanti.

2. Devendra Das. S/o Niro Tanti.

3. Dhyani Das. S/o Late Ram Dayal Tanti. All are resident of Rajauli, P.S. and Anchal Jainagar, District - Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar through The D.M. Darbhanga.

2. The Assistant Settlement Officer, Darbhanga.

3. Ram Sewak Tanti. S/o Ghuran Tanti. Resident of Rajouti Tola, Dhania Patti, Circle - Jainagar, District - Madhubani. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gagan Deo Yadav, Adv. For the Respondent Nos. 1 & 2 : Mr. Nagendra Prasad Singh, SC-23 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 20-09-2016 After some argument, the learned counsel appearing on behalf of the petitioners seeks permission to withdraw the present writ petition with a liberty to the petitioners to avail of the alternative remedy available to them under the provisions of Section 108 of The Bihar Tenancy Act, 1885 for redressal of their valid grievances.

Permission is accorded.

The writ petition stands dismissed as withdrawn with the liberty aforesaid.

It goes without saying that if an appropriate petition is filed on behalf of the petitioners under Section 108 of the B.T. Act within a period of two months 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 prescribed authority shall take into consideration that on a bonafide legal advice, the present

Patna High Court CWJC No.4658 of 2015 (3) dt.20-09-2016 2/2 writ petition was filed before this Court on 25.3.2015 and that remained pending till date.

(Birendra Prasad Verma, J) BTiwary/- U