Bhuttu Sahni And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3557 of 2014 ======================================================

1. Bhuttu Sahni, Son Of Late Nunu Lal Sahani

2. Ram Charitar Sahani alias Buchchi Sahani

3. Ram Swaroop Sahni Both Sons Of Late Lakhan Sahani

4. Jagdish Sahni, Son Of Late Faujdar Sahni All Resident Of Village Sarahachiya, P.O. Mangalgarh, P.S. Hasanpur, District Samastipur .... .... Petitioner/s

Versus

1. The State Of Bihar. The Secretary, Bihar Revenue and Land Reforms Department, Bihar, Patna

2. Divisional Commissioner, Darbhanga

3. Land Reforms Deputy Collector, Rosera, District Samastipur

4. Tuntun Paswan, Son Of Late Chhotan Pasawan, Resident Of Village Sarahachiya, P.O. Mangalgarh, P.S. Hasanpur, District Samastipur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.Bhupendra N. Sinha, Adv. Mr. Shailendra Kumar, Adv.

For the Respondent nos.1to3 : Mr. Avnish Nandan Sinha, GP-XI For the Respondent no.4 : Mr.Binod Kumar Labh, Adv. Krishna Kumar Singh, Adv.

Mr.Shyama Kant Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 19-05-2016 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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.3557 of 2014 (3) dt.19-05-2016 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 13.02.2014 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U