Mojibur Rahman And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.23392 of 2012 ======================================================

1. Mojibur Rahman Son Of Late Doman Ali

2. Zahidur Rahman Son Of Late Doman Ali

3. Yusuf Son Of Late Doman Ali

4. Matul Son Of Late Doman Ali

5. Marium Khatoon Wife of Late Doman Ali All Resident Of Village - Ganjabari, P.S. - Pothia, District - Kishanganj .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Sub-Divisional Magistrate, Kishanganj

3. The Circle Officer, Pothia, District - Kishanganj

4. Md. Noor Zaman Son Of Late Sher Mohammad Resident Of Village - Ganjabari, P.S. - Pothia, District - Kishanganj

5. Momina Khatoon Daughter Of Sher Mohammad, Wife Of Latifur Rahman Resident Of Village - Bhatkunda, P.S. -Islampur, District - Uttar Dinajpur (West Bengal)

6. Kinoo Son Of Late Sayeedur Rahman Resident Of Village - Rasia Kholla Basti, P.S. - Islampur, District - Uttar Dinajpur, West Bengal

7. Md. Firoz Son Of Late Sayeedur Rahman Resident Of Village - Rasia Kholla Basti, P.S. - Islampur, District - Uttar Dinajpur, West Bengal

8. Rosy Daughter Of Late Sayeedur Rahman Resident Of Village - Rasia Kholla Basti, P.S. - Islampur, District - Uttar Dinajpur, West Bengal

9. Mohammadin Son Of Late Hasrat Ali Resident Of Village - Ganjabari, P.S. - Pothia, District - Kishanganj

10. Khus Mohammad Son Of Late Hasrat Ali Resident Of Village - Ganjabari, P.S. - Pothia, District - Kishanganj

11. Md. Asraf Ali Son Of Imam Bakhsh Resident Of Village - Ganjabari, P.S. - Pothia, District - Kishanganj

12. Md. Zahirul Son Of Imam Bakhsh Resident Of Village - Ganjabari, P.S. - Pothia, District - Kishanganj .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Firoz Ahamd Mr.M.A.Asad For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 16-10-2015 After some argument, learned counsel appearing on behalf of the petitioners 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

Patna High Court CWJC No.23392 of 2012 (4) dt.16-10-2015 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.

If an appropriate petition is filed on behalf of the petitioners 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 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 17.12.2012 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U