Sita Ram Chamaria v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17965 of 2012 ====================================================== Sita Ram Chamaria S/O Late Brahm Dutt Chamaria, resident of MohallaNaya Tola Katihar P.S.- Katihar District- Katihar .... .... Petitioner/s

Versus

1. The State of Bihar through the Collector, Katihar

2. The Sub Divisional Officer, Katihar

3. The Deputy Collector Land Reforms, Katihar

4. The Circle Officer, Katihar, District- Katihar

5. The Circle Inspector, Katihar

6. The Halka Karmachari Katihar

7. Babu Lal Hembram S/O Betka Hembram, resident of Village- Hridayganj Santhali Tola P.S.- Katihar District- Katihar

8. Barku Marandi S/O Late Patwari Marandi, resident of Hridayganj Santhali Tola P.S.- Katihar District- Katihar

9. Barki Marandi D/O Late Patwari Marandi, resident of Hridayganj Santhali Tola P.S.- Katihar District- Katihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Ms. Sushmita Mishra, Advocate For the Respondent Nos. 8 & 9 : Mr. Rajesh Ranjan, Advocate Mr.Ansu, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER -------------- 06-10-2015 After some argument, 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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,

Patna High Court CWJC No.17965 of 2012 (4) dt.06-10-2015 2/2 which may be available to them.

If an appropriate petition is filed on behalf of the 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 24.09.2012 and that remained pending till date.

(Birendra Prasad Verma, J) Tahir/- U