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Patna High CourtCWJC/9759/2012disposed

Yogilal Das v. The State Of Bihar And ORS

2015-09-28Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9759 of 2012 ====================================================== Yogilal Das S/O Late Bahuran Das, resident of Village- Babhangaon, P.OChandpur, P.S- Kadwa, District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The D.C.L.R, Barsoi, District- Katihar.

3. Bishnukant Bhagat S/O Late Arbind Kuar Bhagat, resident of VillageBalhar, P.O+ P.S- Banka, District- Banka.

4. Sima Devi W/O Late Arbind Kumar Bhagat, resident of Village- Balhar, P.O+ P.S- Banka, District- Banka.

5. Dhirendra Kumar Das S/O Late Damodar Das, resident of VillageBabhagaon, P.O- Chandpur, P.S- Kadwa, District- Katihar. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Musowir, Advocate For the Respondent Nos. 1 & 2: Mr. Gayan Prakash Ojha, GP22 Mr.Sushil Kr.Singh, AC to GP 22 For the Respondent No.5 : Mr.Gyanand Roy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER ---------------- 28-09-2015 After some arguments, learned counsel appearing on behalf of the petitioner 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 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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 with respect to the lands in question before the learned Bihar Land Tribunal, Patna, which may be available to them.

If an appropriate petition is filed on behalf of the

Patna High Court CWJC No.9759 of 2012 (3) dt.28-09-2015 2/2 petitioner 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 for condonation of such delay, then the learned Bihar Land Tribunal, Patna shall take into consideration that on a bona fide legal advice, the present writ petition was filed on 14.05.2012 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Tahir/- U