Riyaz Khan And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17263 of 2012 ======================================================

1. Riyaz Khan.

2. Siraj Khan.

3. Shamim Khan.

4. Iliyas Khan.

5. Ibrahim Khan All sons of Late Sabit Khan, Resident Of Village Muaglaha, P.S- K.Nagar, District- Purnea.

.... .... Petitioner/s

Versus

1. The State Of Bihar through Principal Secretary, Social and Welfare Department Government of Bihar, Patna

2. The District Magistrate, Purnea.

3. The Sub- Divisional Officer, Purnea.

4. The Deputy Collector, Land Reform, Purnea.

5. The Circle Officer, K. Nagar Block- Purnea.

6. Md. Islamuudin, S/O Late Sk. Noor Mohammad, Resident Of VillageMuglaha (Pothia), P.S- K.Nagar, District- Purnea. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mrs. Kumari Ritambhara For the Respondent nos.1to5 : Mr. Kundan Bahadur Singh, SC-22 Mr.Kamlesh Kumar Sharma AC to SC-22 For the Respondent no.6 : Mr.Arun Prasad Ambastha ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 06-10-2015 After some argument, learned counsel appearing on behalf of the petitioners, 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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

Patna High Court CWJC No.17263 of 2012 (3) dt.06-10-2015 facts and law, which may be available to them, before the learned Bihar Land Tribunal, Patna.

If an appropriate petition is filed on behalf of the petitioners within a period of one month 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 petitioners 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 13.09.2012 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U