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Patna High CourtCWJC/25601/2013withdrawn

Md. Sajid Khan v. The State Of Bihar And ORS

2016-04-18Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25601 of 2013 ====================================================== Md. Sajid Khan, S/O Late Israfil Khan, (Son Of Late Anna Khatoon), Resident Of Vill. - Chhoti Balia, Upper Tola, P.O. - Lakhmania, P.S. - Balia, Distt. - Begusarai .... .... Petitioner/s

Versus

1. The State Of Bihar through the Commissioner, Munger Division, Munger

2. The Collector, Begusarai

3. DCLR, Begusarai

4. Afroz, S/O Late Mtiur Rahman, A Resident Of Vill. - Chhoti Balia, Upper Tola, P.O. - Lakhmania, P.S. - Balia, Distt. - Begusarai

5. Ramkishun Poddar, S/O Late Payaras Poddar, Resident Of Vill. - Balia Burung, Upper Tola, P.O. - Lakhmania, P.S. - Balia (Lakhmania), Distt. - Begusarai .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. A.B.Ojha, Sr.Adv. Mr.Bharat Bhushan, Adv.

Mr.Nitesh Kumar, Adv.

For the Respondent nos.1to3 : Mr. Dev Kumar Pandey, AC to GP-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 18-04-2016 After some argument, the learned senior counsel appearing on behalf of the petitioner, in presence of the 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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.25601 of 2013 (3) dt.18-04-2016 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 23.12.2013 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U