Patna High CourtCWJC/16106/2011withdrawn

Sk.Fakharuddin @ Fakruddin And A v. The State Of Bihar And ORS

2016-07-26Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.16106 of 2011 ======================================================

1. Sk. Fakharuddin @ Fakruddin

2. Sk. Makbool @ Sk. Makbul Both sons of Late Noor Mohammad, R/O Village- Malharia, P.S.- Jokihat, District- Araria .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Sub Divisional Officer, Araria

3. The Circle Officer, Jokihat, Araria

4. Mohiuddin, S/O Late Budhu

5. Md. Kamal, S/O Late Gendu

6. Md. Mustaque, S/O Late Gendu

7. Md. Jamal, S/O Late Gendu Respondent nos.4 to 7 are R/O Village- Malharia, P.S.- Jokihat, DistrictAraria .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh, Adv. Mr.Bijay Kishore Bharti, Adv.

For the Respondent nos.1to3 : Mr. Rajesh Kumar Sinha, AC to GP-23 For the Respondent nos.4to7 : Mr.D.K.Jha, Adv. Mr.K.C.Jha, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 26-07-2016 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.

The parties shall be at liberty to raise all the issues of

Patna High Court CWJC No.16106 of 2011 (4) dt.26-07-2016 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 petitioners 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 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 on 16.09.2011 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U