Patna High CourtCWJC/12898/2015withdrawn

Shibu Sharma v. The State Of Bihar And ORS

2016-09-27Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12898 of 2015 ====================================================== Shibu Sharma son of Achhu Sharma, resident of Village Jiyanganj, Police Station Sarsi, District Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Land Reforms Department, Bihar, Patna.

2. The D.C.L.R. Banmankhi, District Purnea.

3. The Collector ,Purnea.

4. The Circle Officer, Banmankhi Purnea.

5. Raja Yadav

6. Pratap Yadav

7. Shambhu Yadav Respondent Nos. 5 to 7 are sons of Uttim Lal Yadav and are residents of Village _Jiyangaj, ward No. 2, Police Station Sarsi, District Purnea. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr.R.C.Thakur, Advocate Mr. Kamal Kishore Singh, Advocate Mr.Anil Kumar, Advocate For the Respondent Nos. 1 to 4 : Mr. Manoj Kumar Yadav, AC to GA 10 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 27-09-2016 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 4, 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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.

Patna High Court CWJC No.12898 of 2015 (2) dt.27-09-2016 2/2 If an appropriate petition is filed on behalf of the petitioner before the learned Bihar Land Tribunal, Patna 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 bona fide legal advice, the present writ petition was filed before this Court on 18.08.2015 and that remained pending till date.

(Birendra Prasad Verma, J) Tahir/- U