Ali Ajam Gaddi v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3287 of 2012 ====================================================== Ali Ajam Gaddi Son of Idris Gaddi, Resident of Village - Line Parasa, P.S. Balthar, District - West Champaran .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Deputy Collector, Land Reforms, Narkatiyaganj, West Champaran

3. Circle Officer, Sikata, West Champaran

4. Alim Gaddi Son of Aliraj Gaddi, Resident of Village- Line Parasa, P.S. Balthar, District - West Champaran

5. Gaisul Ajam Gaddi Son of Idris Gaddi, Resident of Village- Line Parasa, P.S. Balthar, District - West Champaran .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Kant Mani Tripathi For the Respondent No.4 : Mr. Wasi Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 21-09-2015 After some argument, learned counsel appearing on behalf of the petitioner, in presence of the learned counsel appearing on behalf of the respondent No.4, seeks permission to withdraw the present writ petition with a liberty to approach the appellate authority under Section 48F of The Bihar Tenancy Act, 1885 ( in short 'B.T. Act') for grant of appropriate relief(s) with respect to the lands under dispute, as also against the impugned order dated 14.12.2011 (Annexure-6) passed by the respondent D.C.L.R., Narkatiaganj in Case No. 01 of 2010-11 under Section 48E of the B.T. Act.

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The writ petition stands dismissed as withdrawn with the liberty aforesaid.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

Patna High Court CWJC No.3287 of 2012 (4) dt.21-09-2015 2/2 If such an appeal is filed on behalf of the petitioner before the learned appellate authority within a period of three weeks from today with a certified copy of the present order, and if it is found that it has become barred by limitation and if any petition is filed on behalf of the petitioner for condonation of such delay, then the learned appellate authority shall take into consideration that on a bonafide legal advise, the present petition was filed before this Court on 16.02.2012 and that remained pending till date.

(Birendra Prasad Verma, J) BTiwary/- U