Hari Bhushan Singh @ Shambu Sharhi Bhushan Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4620 of 2013 ======================================================

1. Hari Bhushan Singh @ Shambu Shashi Bhushan Singh S/O Late Hari Charan Singh, Resident of Village Balbhadrapur, P.O. + P.S. Darihat, District Rohtas.

2. Arju Singh @ Ram Kishore Singh S/O Late Ram Sihanshan Singh Resident of Village Balbhadrapur, P.O. + P.S. Darihat, District Rohtas.

3. Raman Singh S/O Late Sadhu Singh, Resident of Village Balbhadrapur, P.O. + P.S. Darihat, District Rohtas.

.... .... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary, Govt. of Bihar, Patna.

2. District Magistrate, Rohtas.

3. D.C.L.R., Dehri, Rohtas.

4. Circle Officer, Dehri, Rohtas.

5. Ram Sundar Singh S/O Late Puran Singh, Resident of Village Balbhadrapur, P.O. + P.S. Darihat, District Rohtas. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kumar Rajeev For the Respondent No.1 to 4 : Mr. Mahendra Prasad Verma, AC to SC-13 For the Respondent No. 5 : Mr. Bajarangi Lal Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 03-11-2015 After some argument, learned counsel appearing on behalf of the petitioners, in presence of the learned counsel appearing on behalf of the respondents, seeks permission to withdraw the present writ petition with a liberty to file an appeal before the appellate authority prescribed under the provisions of The Bihar Land Disputes Resolution Act, 2009 against the impugned order dated 8.11.2012 (Annexure-2) passed by the respondent D.C.L.R., Dehri, Rohtas.

Permission is accorded.

The writ petition stands dismissed as withdrawn with the liberty aforesaid.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

Patna High Court CWJC No.4620 of 2013 (3) dt.03-11-2015 2/2 appellate authority.

If such an appeal is filed on behalf of the petitioners within a period of four weeks 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 appellate authority shall take into consideration that on a bonafide legal advice, the present writ petition was filed before this Court on 01.03.2013 and that remained pending till date.

(Birendra Prasad Verma, J) BTiwary/- U