Jai Kumari Devi And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9653 of 2010 ======================================================
1. Dhani Lal Sah, S/O Late Ramdhir Sah, R/O Vill.- Rampurwa, Tola Chapariya, P.S. Mainatard, Distt.- West Champaran (expunged vide order dated 18.05.2015 and substituted by his following heirs and legal representatives):
(i) Jai Kumar Devi, daughter of late Dhani Lal Sah, wife of Yogendra Sah, resident of village+P.O.+P.S.-Chanatia, District-West Champaran. (ii) Most. Bhagmani Devi, daughter of late Dhani Lal Sah, wife of late Beyas Sah, resident of village-Semari Dumari, P.O.-Gaunaha, P.S.- Gaunaha, District-West Champaran.
2. Prem Chandra Prasad, S/O Dhani Lal Sah, R/O Vill.- Rampurwa, Tola Chapariya, P.S. Mainatard, Distt.- West Champaran
3. Rajeshwar Prasad, S/O Prem Chandra Prasad, R/O Vill.- Rampurwa, Tola Chapariya, P.S. Mainatard, Distt.- West Champaran .... .... Petitioner/s
Versus
1. The State Of Bihar
2. The District Magistrate, West Champaran, At Bettiah
3. The Land Reforms Deputy Collector, Narkatiyaganj, Distt.- West Champaran
4. The Circle Officer, Unchal Mainatard, Distt.- West Champaran
5. Jokhu Prasad
6. Sheo Shankar Prasad
7. Rajendra Prasad
8. Jai Prakash Prasad All are sons of Late Nag Narayan Prasad, R/O Vill.- Rampurwa, Tola Chapariya, P.S. Mainatard, Distt.- West Champaran .... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Akhileshwar Kr.Shrivastav, Adv. For the Respondent nos.1to4 : Mr. Dhurendra Kumar, GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 22-08-2016 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.
Patna High Court CWJC No.9653 of 2010 (8) dt.22-08-2016 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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, which may be available to them, before the learned Bihar Land Tribunal, Patna.
If an appropriate petition is filed on behalf of the petitioners 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 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 on 24.06.2010 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U