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Patna High CourtCWJC/8613/2016withdrawn

Basudeo Singh v. The State Of Bihar And ORS

2016-11-29Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8613 of 2016 ====================================================== Basudeo Singh Son of Late Raghu Nandan Singh Resident of Village - Mahmadpur Bujurg @ Lakhanpur, P.S. & Anchal - Desari, P.O. Desari, District - Vaishali at Hajipur.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Commissioner, Tirhut Division, Muzaffarpur.

3. D.C.L.R., Mahnar, Vaishali.

4. Bishundeo Sharma Son of late Bidhata Thakur

5. Brahmdeo Sharma Son of late Bidhata Thakur

6. Kapildeo Sharma Son of late Bidhata Thakur, All respondents No. 4 to 6 are residents of Village - Mahmadpur Bujurg @ Lakhanpur, P.O. & P.S. Desari, District - Vaishali at Hajipur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Dr. Om Prakash Om, Adv. For the Respondent Nos. 1 to 3 :Mr. Ranjan Kumar, AC to GA-12 For the Respondent Nos. 4,5 & 6: Rajeev Ranjan, Adv. Mrs. Bela Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 29-11-2016 After some argument, the learned counsel appearing on behalf of the petitioner, 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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.

Patna High Court CWJC No.8613 of 2016 (2) dt.29-11-2016 2/2 If an appropriate petition is filed on behalf of the petitioner before the learned Bihar Land Tribunal, Patna within a period of four 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 petitioner 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 12.5.2016 and that remained pending till date.

(Birendra Prasad Verma, J) BTiwary/- U