Patna High CourtCWJC/15135/2012withdrawn

Badshah Prasad v. The State Of Bihar And ORS

2016-10-21Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15135 of 2012 ====================================================== Badshah Prasad S/O Late Raghuni Prasad, R/O Vill- Shekh Parsa, P.SManjhagarh, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Commissioner, Saran Division, Chapra.

3. The Collector, Gopalganj, District- Gopalganj.

4. The Deputy Collector, Land Revenue, Gopalganj, Distt- Gopalganj.

5. Sri Ram Prasad S/O Late Jai Govind Prasad, R/O Village- Sheikh Parsa, P.S- Manjhagarh, Distt- Gopalganj.

6. Prahalad Prasad S/O Late Shiv Balak Prasad, R/O Village- Sheikh Parsa, P.S- Manjhagarh, Distt- Gopalganj.

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

For the Petitioner/s : Mr. Vishwajeet Kr. Mishra, Adv. Mr. Ashutosh Tripathi, Adv.

For the Respondent Nos. 1 to 4: Mr. Syed Hussain Majeed, AC to SC-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 21-10-2016 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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.15135 of 2012 (3) dt.21-10-2016 2/2 petitioner before the learned Bihar Land Tribunal, Patna within a period of four weeks 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 bonafide legal advice, the present writ petition was filed before this Court on 28.8.2012 and that remained pending till date.

(Birendra Prasad Verma, J) BTiwary/- U