Harendra Sah And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10708 of 2015 ======================================================

1. Harendra Sah.

2. Surendra Sah.

3. Birendra Sah. Sons of Gajadhar Sah, All are Resident of Village:- Fazilpur, P.O. and P.S.:- Hussainganj, District- Siwan. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Member Board of Revenue, Bihar, Patna.

3. The Collector, Siwan.

4. The Land Reforms Deputy Collector, Siwan.

5. Pawan Kumar Jain, Son of Late Uday Kishore Jain.

6. Sangita Jain, Wife of Ajay Kumar Jain.

7. Sunanda Agrawal, Wife of Late Shiv Kumar Agrawal.

8. Sumita Agrawal, Wife of Bimal Kumar Agrawal.

9. Reena Agrawal, Wife of Sanju Agrawal, Resopndent Nos. 6 to 9 are Daughter of Late Uday Kishore Jain. All Respondent Nos, 5 to 9 are Resident of Mohalla:- Rajendra Path, P.O. and P.S.:- Siwan, District:- Siwan.

10. Ram Bahadur Prasad, Son of Babu Jang Bahadur Prasad, Resident of Village:- Saraya, P.O. and P.S.:- Hussainganj, District:- Siwan. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mrigendra Kumar, Adv. Mr. Akshay Lal Prasad, Adv.

For the Respondent/s : Mr. Ajay, GA-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 09-12-2016 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.

The writ petition stands disposed of as withdrawn with

Patna High Court CWJC No.10708 of 2015 (2) dt.09-12-2016 2/2 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 21.7.2015 and that remained pending till date. (Birendra Prasad Verma, J) BTiwary/- U