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Patna High CourtCWJC/15821/2010withdrawn

Mohan Prasad Sinha v. The State Of Bihar And ORS

2017-01-09Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15821 of 2010 ====================================================== Mohan Prasad Sinha S/O Late Shambhu Sharan Prasad R/O MohallaMaulabagh (Near Chakbandi Office), P.S.- Ara Nawada, Distt.- Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The District Magistrate, Bhojpur at Ara

3. The Deputy Collector, Land Reforms, Jagdishpur, Bhojpur

4. The Circle Officer, Jagdishpur, Bhojpur

5. Kamta Prasad Sinha S/O Late Tarkeshwar Pd. Sinha R/O Mohalla- Charkhamba Gali, Sheoganj, P.S.- Ara Town, Distt.- Bhojpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhirendra Singh, Advocate For the Respondent Nos. 1 to 4: Mr. Prabhat Ranjan, AC to GP 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 09-01-2017 After some argument, the learned counsel appearing on behalf of the petitioner, in presence of the learned counsel appearing on behalf of the respondent nos. 1 to 4, 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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.

If an appropriate petition is filed on behalf of the petitioner before the learned Bihar Land Tribunal, Patna 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

Patna High Court CWJC No.15821 of 2010 (5) dt.09-01-2017 2/2 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 bona fide legal advice, the present writ petition was filed before this Court on 20.09.2010 and that remained pending till date.

(Birendra Prasad Verma, J) Tahir/- U