Uday Paswan And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.21015 of 2012 ======================================================

1. Uday Paswan son of Late Dhturi Paswan, resident of Village, New Taradh, P.S.- Bodh Gaya District- Gaya

2. Sanjay Paswan son of Late Dhturi Paswan, resident of Village, New Taradh, P.S.- Bodh Gaya District- Gaya .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Revenue and Land Reforms Department, Bihar, Patna

2. The Collector, Gaya

3. The Sub-Divisional Officer, Gaya

4. The L.R.D.C., Gaya

5. The Anchal Adhikari, Bodh-Gaya

6. Goshwami Jai Ram Giri, Adhyaksha, Naya Samittee, Bodh-Gaya Math, Bodh-Gaya, District- Gaya .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Ghosarvey, Advocate For the Respondent Nos. 1 to 5: Mr. Kaushal Kumar Jha, AAG 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 15-07-2016 After some argument, the learned counsel appearing on behalf of the petitioners, in presence of the learned counsel appearing on behalf of the respondent nos. 1 to 5, 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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

Patna High Court CWJC No.21015 of 2012 (4) dt.15-07-2016 2/2 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 06.11.2012 and that remained pending till date. It is clarified that if any of the parties have passed away during the pendency of the present writ petition, then his/her heirs and legal representatives shall be impleaded as party respondent (s) in the petition filed before the learned Bihar Land Tribunal, Patna and it shall be construed that such deceased person (s) has been substituted by the order of this Court. (Birendra Prasad Verma, J) Tahir/- U