Dukhan Yadav And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6308 of 2014 ======================================================

1. Dukhan Yadav, Son of Late Punit Yadav

2. Sukhdeo Yadav, Son of Late Punit Yadav

3. Naresh Yadav, Son of Late Baudh Yadav

4. Bhola Yadav, Son of Late Baudh Yadav All Resident of Village Bhori Tola Rupan Bigha, P.S. Tekari, District - Gaya .... .... Petitioner/s

Versus

1. The State of Bihar through the Collector, Gaya

2. Durga Singh, Son of Late Karam Chand Singh

3. Rajmati Devi @ Rajpati Devi, Wife of Late Shiv Lal Yadav Both Resident of Village Bhori Tola Rupam Bigha, P.S. Tekari, District - Gaya

4. Sachidanand Yadav, Son Of Late Sita Ram Yadav, Resident Of Village Chhotwan, P.O. Badgaon, P.S. Tekari, District Gaya .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sheikh Arkan Ahmad, Adv. For the Respondent no.1 : Mr. Din Bandhu Singh, GP-IX Mr.Santosh Kumar, AC to GP-IX ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 01-07-2016 Heard.

Admittedly, the impugned appellate order dated 03.01.2014 passed in Pre-emption Appeal Case No.78 of 2011-12 by the respondent Additional Collector, Gaya is revisable under the provisions of The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. In that view of the matter, after some argument, the learned counsel appearing on behalf of the petitioners seeks permission to withdraw the present writ petition with a liberty to approach the prescribed revisional authority for grant of appropriate relief(s) with respect to the lands in question as also the order impugned.

Patna High Court CWJC No.6308 of 2014 (2) dt.01-07-2016 Permission is accorded.

The writ petition stands dismissed as withdrawn with the liberty aforesaid.

If an appropriate revision application is filed on behalf of the petitioners within a period of four 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 revisional authority shall take into consideration that on a bonafide legal advice the present writ petition was filed on 28.03.2014 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U