Devendra Rai v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15356 of 2015 ====================================================== Devendra Rai S/o Late Bhekha Rai, resident of Village + P.O. Bajeetpur Chakshruti, P.S. Desari (O.P. Sahdei Bujurg), District Vaishali at Hajipur. .... .... Petitioner/s

Versus

1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.

2. The Commissioner, Tirhut Division, Muzaffarpur.

3. D.M. Vaishali at Hajipur.

4. A.D.M., Vaishali.

5. D.C.L.R. Mahnar, Vaishali.

6. Bindeshwar Rai s/o Late Dasrath Rai, resident of Village + P.O. Bajeetpur Chakshruti, P.S. Desari (Sahdei Bujurg) District Vaishali at Hajipur.

7. Kailash Rai S/o Late Bhekha Rai, resident of Village + P.O. Bajeetpur Chakshruti, P.S. Desari (Sahdai Bujurg), District Vaishali. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dr. Om Prakash Om, Advocate For the Respondent Nos. 1 to 5: Mr. Prabhat Ranjan, AC to GP 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 23-12-2016 After some argument, the learned counsel appearing on behalf of the petitioner, 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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.15356 of 2015 (2) dt.23-12-2016 2/2 petitioner before the learned Bihar Land Tribunal, Patna within a period of six weeks 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 petitioner 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 23.09.2015 and that remained pending till date.

(Birendra Prasad Verma, J) Tahir/- U