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Patna High CourtCWJC/20407/2013withdrawn

Sheikh Humayun And ORS v. The State Of Bihar And ORS

2015-12-15Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20407 of 2013 ======================================================

1. Sheikh Humayun Son of Late Geyasuddin Biswas, Resident of Village Kumhari, P.O. Durgaganj, P.S. Kadwa, District - Katihar

2. Sheikh Zulfikar Ali Son of Late Geyasuddin Biswas, Resident of Village Kumhari, P.O. Durgaganj, P.S. Kadwa, District - Katihar

3. Sheikh Shish Mohammad Son of Late Geyasuddin Biswas, Resident of Village Kumhari, P.O. Durgaganj, P.S. Kadwa, District - Katihar

4. Sheikh Asharful Son of Late Geyasuddin Biswas, Resident of Village Kumhari, P.O. Durgaganj, P.S. Kadwa, District - Katihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector, Katihar

3. The Additional Collector (Ceiling), Katihar

4. The Circle Officer, Kadwa, District - Katihar

5. Om Prakash Bhagat Son of Late Hari Pd. Bhagat, Resident of Village - Bhari, Police Station - Kadwa, District - Katihar

6. Jay Prakash Bhagat Son of Late Hari Pd. Bhagat, Resident of Village - Bhari, Police Station - Kadwa, District - Katihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Rahmatullah For the Respondent No.1 to 4 : Mr. Sanjay Kumar Ojha, AC to GP-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 15-12-2015 After some argument, the 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 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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,

Patna High Court CWJC No.20407 of 2013 (3) dt.15-12-2015 2/2 which may be available to them.

If an appropriate petition is filed on behalf of the petitioners before the learned Bihar Land Tribunal, Patna 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 before this Court on 03.10.2013 and that remained pending till date. (Birendra Prasad Verma, J) BTiwary/- U