Patna High CourtCWJC/9556/2014withdrawn

Nageshwar Prasad Yadav And ORS v. The State Of Bihar And ORS

2016-09-19Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9556 of 2014 ======================================================

1. Nageshwar Prasad @ Nageshwar Prasad Yadav S/o Chandra Prasad Yadav.

2. Krishna Prasad Yadav S/o Manager Prasad Yadav.

3. Mahendra Prasad Yadav S/o Anu Prasad Yadav

4. Gopal Prasad Yadav S/o Chhathu Prasad Yadav All are resident of village - Kathautia, P.S. - Kewal, Anchal - Fatehpur, District - Gaya.

.... .... Petitioner/s

Versus

1. The State of Bihar through its Collector, Gaya.

2. The Additional Collector, Gaya.

3. The Land Reforms Deputy Collector, Sadar, Gaya.

4. The Circle Officer, Fatehpur, Gaya.

5. Anil Kumar S/o Jagdish Yadav Resident of Village - Kathautiya, P.S. - Kewal, Fatehpur, District - Gaya.

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

For the Petitioner/s : Mr. Dharmendra Kumar Sinha, Advocate For the Respondent Nos. 1 to 4: Dr. Anil Kr.Upadhyay, SC 2 Mr.Naresh Prasad, AC to SC 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 19-09-2016 After some argument, the learned counsel appearing on behalf of the petitioners, in presence of learned SC 2, appearing on behalf of the respondent nos. 1 to 4, seeks permission to withdraw the present writ petition with a liberty to approach the prescribed appellate authority in terms of Section 9 (6) (a) of The Bihar Land Mutation Act, 2011 for grant of appropriate relief(s) to them with respect to lands in question as also the order impugned. Permission is accorded.

The writ petition stands dismissed as withdrawn with the liberty aforesaid.

If an appropriate appeal is filed on behalf of the petitioners within a period of three weeks from today with a certified copy of the present order and if it is found to have

Patna High Court CWJC No.9556 of 2014 (2) dt.19-09-2016 2/2 become barred by limitation and if any petition is filed on behalf of the petitioners for condonation of such delay, then the learned prescribed appellate authority shall take into consideration that on a bona fide legal advice, the present writ petition was filed before this Court on 12.06.2014 and that remained pending till date. (Birendra Prasad Verma, J) Tahir/- U