Mohan Dusadh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19290 of 2015 ====================================================== Mohan Dusadh son of Late Khalipha Dusadh, resdent of Village Shahjahanpur, Police Station- Barahara, District- Bhojpur. .... .... Petitioner/s

Versus

1. The State of Bihar through the Collector of District- Bhojpur, Ara.

2. The Anchal Adhikari, Anchal- Barahara, P.S. Barahara, District- Bhojpur.

3. Amarjeet Singh son of Jai Prakash Singh

4. Jai Prakash Singh son of Late Hirday Narayan Kunwar.

5. Nain Paton Kunwar wife of Late Hirday Narayan Kunwar. Respondent nos. 3 to 5 are residents of Village- Chain Chapra, P.S. Barhara, District- Bhojpur.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ravindra Kumar, Advocate For the Respondent Nos.1 & 2 : Mr. Dhurjati Kr.Prasad, GP 14 Mrs. Jahan Ara, AC to GP 14 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 18-10-2016 After some argument, the learned counsel appearing on behalf of the petitioner, in presence of the learned GP 14 appearing on behalf of the respondent nos. 1 and 2, seeks permission to withdraw the present writ petition with a liberty to approach the District Collector, Bhojpur at Ara under Section 21 of The Bihar Privileged Persons Homestead Tenancy Act, 1947 (in short "the Act, 1947") and the Rules made thereunder for grant of appropriate relief(s) to the petitioner with respect to the lands in question as also order/homestead parchas impugned. Permission is accorded.

The writ petition stands dismissed as withdrawn with the liberty aforesaid.

It goes without saying that if an appropriate petition is filed by the petitioner before the District Collector, Bhojpur at Ara within a period of one month from today, then he shall be at

Patna High Court CWJC No.19290 of 2015 (2) dt.18-10-2016 2/2 liberty to raise all the issues of facts and law, which may be available to him with respect to the lands in question before the District Collector, Bhojpur at Ara.

It further goes without saying that if such a petition is filed within the aforesaid period of one month with a certified copy of the present order, then the District Collector, Bhojpur at Ara shall make all endeavour to dispose of the case expeditiously, but before passing any final order, reasonable opportunity of hearing must be given to all concerned including the petitioner as also the respondent nos. 3 to 5, besides others, if any. (Birendra Prasad Verma, J) Tahir/- U