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Patna High CourtCWJC/21109/2011disposed

Durga Nath Jha @ Binod Jha And O v. The State Of Bihar And ORS

2016-04-05Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21109 of 2011 ======================================================

1. Durga Nath Jha @ Binod Jha Son Of Late Jatan Jha Resident Of Mauza Shubhankarpur, P.S.-Kaluahi, District-Madhubani.

2. Subhodh Jha Son Of Late Jatan Jha Resident Of Mauza Shubhankarpur, P.S.-Kaluahi, District-Madhubani.

3. Kishore Jha Son Of Late Jatan Jha Resident Of Mauza Shubhankarpur, P.S.-Kaluahi, District-Madhubani.

4. Ravindra Kumar Jha Son Of Late Jatan Jha Resident Of Mauza Shubhankarpur, P.S.-Kaluahi, District-Madhubani.

5. Shankar Kumar Jha Son Of Late Jatan Jha Resident Of Mauza Shubhankarpur, P.S.-Kaluahi, District-Madhubani. .... .... Petitioner/s

Versus

1. The State Of Bihar Through The Secretary-Cum-Commissioner, Department Of Land Reforms, Bihar, Patna.

2. The Commissioner, Darbhanga Pramandal, Darbhanga.

3. The Collector, Madhubani.

4. The Additional Collector, Madhubani.

5. The DCLR, Madhubani.

6. The Member Board Of Revenue, Bihar, Patna.

7. Smt. Rubi Devi Wife Of Shri Santosh Prasad Resident Of Bijalpura, P.S.-Arer, District-Madhubani.

8. Dilip Kumar Jha Son Of Late Ratneshwar Jha Maza Shubhankarpur, P.S.-Kaluahi, District-Madhubani.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mrigank Mauli Mr. Prince Kr Mishra For the Respondent No.1 to 5: Mr. Kundan Bhadur Singh SC 22 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 05-04-2016 After some argument, the learned counsel appearing on behalf of the petitioners, 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.

Patna High Court CWJC No.21109 of 2011 (3) dt.05-04-2016 2/2 The writ petition stands disposed of as withdrawn with the liberty aforesaid.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.

If an appropriate petition is filed on behalf of the petitioners before the learned Bihar Land Tribunal, Patna within a period of eight 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 petitioners 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 29.11.2011 and that remained pending till date. (Birendra Prasad Verma, J) BTiwary/- U