Matiur Rahman @ Matin v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13868 of 2012 ====================================================== Matiur Rahman @ Matin son of Late Hasimuddin, resident of Village Pathraha, Police Station and Anchal- Narpatganj, District- Araria .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Commissioner, Purnia Division, Purnia
3. The Deputy Collector Land Reforms-cum-the Competent Authority at Forbesganj within the District of Araria
4. The Anchal Adhikari at Narpatganj within the District of Araria
5. The Circle Inspector of Narpatganj Anchal at Narpatganj within the District of Araria
6. Mojibur Rahman son of Late Mir Jalil of Alam Tola- Ward No.- 23 of Forbesganj Municipality, Forbesganj, Police Station- Forbesganj, DistrictAraria
7. Md. Mustaque son of Md. Idris, resident of Village- Pathraha, Police Station- Narpatganj, District- Araria .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Prasad Ambastha, Advocate For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 11-02-2016 Perused the office note dated 10.02.2016.
Notice was issued to the respondent no.7 by ordinary process as also registered post with A/D by order dated 09.09.2014; therefore, let service of notice upon him be treated to be valid.
The matter has been taken up for consideration on merits.
After some argument, the learned counsel appearing on behalf of the petitioner 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.
Patna High Court CWJC No.13868 of 2012 (5) dt.11-02-2016 2/2 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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 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 30.07.2012 and that remained pending till date.
(Birendra Prasad Verma, J) Tahir/- U