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Patna High CourtCWJC/3890/2011withdrawn

Jagdeo Mukhia v. The State Of Bihar And ORS

2016-08-09Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3890 of 2011 ====================================================== Jagdeo Mukhia S/O Shatri Mukhia, resident of Village Sinwara, Police Station Kishanganj, District Madhepura.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector, Khagaria, At & P.O. Khagaria.

3. The Deputy Collector Land Reforms, Khagaria, At & P.O. Khagaria.

4. Smt. Karuna Devi W/O Bhubaneshwar Sinha, resident of Village Dipa Ashram, Police Station Kotwali, District Munger. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Umakant Shukla, Advocate Mr. Rajesh Ranjan, Advocate For the Respondent Nos. 1 to 3: Mr. Vinay Kr.Mishar, AC to AAG 15 For the Respondent No. 4 : Mr.Harshwardhan Sahay, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 09-08-2016 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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 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

Patna High Court CWJC No.3890 of 2011 (3) dt.09-08-2016 2/2 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 bona fide legal advice, the present writ petition was filed before this Court on 28.02.2011 and that remained pending till date.

(Birendra Prasad Verma, J) Tahir/- U