Md. Shamim Akhtar @ Shamim Akhtar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8253 of 2013 ====================================================== Md. Shamim Akhtar @ Shamim Akhtar, Son Of Sk. Sarfuddin Resident Of Village - Choundi, P.S. Barsoi, District - Katihar .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Divisional Commissioner, Purnea

3. The Collector Katihar

4. The Deputy Collector, Land Reforms Barsoi, District - Katihar

5. The Circle Officer Barsoi, District - Katihar

6. Md. Nizamuddin @ Baneli, Son of Late Safiruddin

7. Bibi Hazara Khatoon, Wife Of Md. Nazimuddin Both are Resident of Village - Choundi, P.S. Barsoi, District - Katihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhola Prasad Mr.Mukesh Kumar Jha For the Respondent nos.1to5 : Mr. Arvind Kumar, AC to SC-28 For the Respondent nos.6&7 : Mr.Md. Helal Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 09-11-2015 After some argument, learned counsel appearing on behalf of the petitioner, 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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 facts and law, which may be available to them, before the learned Bihar Land Tribunal, Patna.

Patna High Court CWJC No.8253 of 2013 (4) dt.09-11-2015 If an appropriate petition is filed on behalf of the petitioner 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 petitioner 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 17.04.2013 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U