Nilesh Dubey v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22530 of 2011 ====================================================== Nilesh Dubey son of Late Krishna Debey R/O Village Karsar, P.S. Nawanagar, District Buxar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Additional Member, Board of Revenue, Bihar, Patna.

3. Additional Collector, Buxar.

4. Deputy Collector Land Reforms, Dumraon.

5. Bhagwati Prasad Singh Null R/O Village Karsar, P.S. Nawanagar, District Buxar.

6. Pachasi Singh @ Sri Bhagwan Singh S/O Late Ramraj Singh R/O Village Karsar, P.S. Nawanagar, Distt. Buxar.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rewti Kant Raman, Advocate Dr.C.S.Azad, Advocate For the Respondent Nos. 1 to 4: Mr. Lalan Kumar, AC to GP 23 For the Respondent No.5 : Mr.Vinay Kirti Singh, Advocate Mr.Akhileshwar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 22-04-2016 After some argument, the learned counsel appearing on behalf of the petitioner, 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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, which may be available to them.

If an appropriate petition is filed on behalf of the

Patna High Court CWJC No.22530 of 2011 (3) dt.22-04-2016 2/2 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 15.12.2011 and that remained pending till date.

It is clarified that if any of the parties have passed away during the pendency of the present writ petition, then his/her heirs and legal representatives shall be impleaded as party respondent (s) in the petition filed before the learned Bihar Land Tribunal, Patna and it shall be construed that such deceased person (s) has been substituted by the order of this Court. (Birendra Prasad Verma, J) Tahir/- U