Maheshwari Rai @ Maheshri Rai v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.1718 of 2011 ====================================================== Maheshwari Rai @ Maheshri Rai, son of Late Ram Kishun Rai, Resident Of Village- Sattar Kataiya, Police Station- Bihra, District- Saharsa. .... .... Petitioner/s
Versus
1. The State Of Bihar
2. The Collector Cum District Magistrate, Saharsa.
3. The Circle Officer, Anchal- Sattar Kataiya, District- Saharsa.
4. Arun Kumar Jaiswal, son of Ram Sogarath Jaiswal, Resident Of VillageKhadipur (Sattar Kataiya), P.S- Bihra, District- Saharsa, At Present -Puja Tent House, Village- Padampur, P.S- Bihra, District- Saharsa.
5. Arvind Prasad Yadav, son of Bhuneshwari Yadav, Resident Of VillageKhouha, P.S- Bihra, District- Saharsa. .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pramod Mishra, Adv. Ms. Mariya, Adv.
For the Respondent nos.4&5 : Mr. Arun Kumar Sinha, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 26-07-2016 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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 Bihar Land Tribunal, Patna.
If an appropriate petition is filed on behalf of the
Patna High Court CWJC No.1718 of 2011 (5) dt.26-07-2016 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 27.01.2011 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U