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Patna High CourtCWJC/15249/2014withdrawn

Atulya Kumar And And ORS v. The State Of Bihar And ORS

2016-10-03Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15249 of 2014 ======================================================

1. Atulya Kumar

2. Ratnesh Kumar

3. Arbind Kumar

4. Sanjay Kumar

5. Manoj Kumar @ Chaudhary Khuswant Singh All sons of Late Mauzde Lal Rai and are residents of Village - Sadatpur, P.O. - Kolhua Paigamberpur, P.S. - Kanti, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Additional Collector, Muzaffarpur.

3. The Deputy Collector Land Reforms, West Muzaffarpur.

4. The Anchal Adhikari Kanti, District- Muzaffarpur.

5. Most. Sunaina W/o Late Satya Narain Rai

6. Most. Rambati Kuer W/o Late Satya Narain Rai

7. Ajay Kumar

8. Abhishek Kumar

9. Shashi Kumar Respondent nos. 7 to 9 are minor sons of Late Satya Narain Rai under the Guardianship of their mother, Most. Rambati Kuer Respondent Nos. 5 to 9 are residents of village - Sadatpur, P.O. Koluaha, Paigamberpur, P.S. - Kanti, District- Muzaffarpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhubneshwar Prasad, Advocate For the Respondent Nos. 1 to 4: Mr. Md.Naushaduzzoha, AC to SC 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 03-10-2016 After some argument, the learned counsel appearing on behalf of the petitioners, in presence of the learned counsel appearing on behalf of the respondent nos. 1 to 4, 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.

Patna High Court CWJC No.15249 of 2014 (2) dt.03-10-2016 2/2 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 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 bona fide legal advice, the present writ petition was filed before this Court on 03.09.2014 and that remained pending till date. (Birendra Prasad Verma, J) Tahir/- U