Ashok Pd. And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22462 of 2012 ======================================================

1. Ashok Prasad

2. Subhash Prasad Both sons of late Chandrika Prasad, resident of village-Piprahiya, P.O.- Nanuri, P.S.-Barhoi in the District of Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar

2. Commissioner, Saran Division at Chapra

3. The Addl. Collector, Gopalganj

4. S.D.O. (Revenue), Gopalganj.

5. Bal Kishun Raut, son of late Rangi Raut, resident of village-Piprahiya, P.O.-Nanuri, P.S.-Barauli, District-Gopalganj.

6. Ainul Nisa, wife of late Sheikh Maksood Alam

7. Allauddin, son of late Sheikh Maksood Alam

8. Afsani Khatoon

9. Azmani Khatoon Both daughters of Sheikh Maksood Alam, resident of village-Piprahiya, P.S.-Barauli, District-Gopalganj.

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

For the Petitioner/s : Mr. Ashutosh Jha Mr.B.K. Mishra For the Respondent nos.1to4 : Mr. Anil Kumar, AC to SC-10 For the Respondent no.5 : Mr.Md.Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 15-10-2015 After some argument, learned counsel appearing on behalf of the petitioners, in presence of 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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.22462 of 2012 (3) dt.15-10-2015 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 06.12.2012 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U