Bishwanath Sharma v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7780 of 2015 ====================================================== Bishwanath Sharma, son of Late Satrughan Thakur, resident of VillageSinghiya Buzurg, P.O.- Singhiya Ghat, P.S. Bibhutipur, Sub- Division Rosera, District- Samastipur .... .... Petitioner/s

Versus

1. The State of Bihar through the Collector, Samastipur.

2. The Commissioner, Darbhanga Pramandal at Darbhanga.

3. The Additional Collector Samastipur at Samastipur.

4. The Land Reforms Deputy Collector, Rosera at Rosera, DistrictSamastipur

5. Smt. Dukhani Devi, wife of Late Kanun Singh, resident of VillageBelsandi Tara, P.O.- Bharpura, P.S.- Bibhutipur, Sub- Division- Rosera, District- Samastipur

6. Sri Jagannath Sharma, S/o. Late Govind Sharma, Resident of VillageSinghiya Buzurg, P.O.- Singhiya Ghat, Sub- Division- Rosera, DistrictSamastipur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar Roy, Adv. Mr. Uma Shankar Singh, Adv.

For the Respondent nos.1to4 : Mr. Ajay, GA-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 25-11-2016 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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, which may be available to them, before the learned

Patna High Court CWJC No.7780 of 2015 (2) dt.25-11-2016 Bihar Land Tribunal, Patna.

If an appropriate petition is filed on behalf of the 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 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 on 15.05.2015 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U