Patna High CourtCWJC/11320/2012disposed

Chandra Kumar Tiwary v. The State Of Bihar And ORS

2015-09-28Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11320 of 2012 ====================================================== Chandra Kumar Tiwary S/O Late Lakhi Narain Tiwary of Village Gosainpur, P.S.- Shahpur, Distt.- Bhojpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Commissioner, Patna Division, Patna

3. The Collector, Bhojpur, Arrah

4. D.C.L.R. Jagdishpur, Bhojpur

5. Raj Narain Ojha son of Sheo Kumar Ojha, resident of Village - Semaria Ojha Patti, P.S.- Shahpur, District - Bhojpur

6. Har Kishore Tiwary son of Jai Narain Tiwary, resdient of Village - Gosainpur, P.S.- Shahpur, District - Bhojpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bharat Bhushan, Advocate For the Respondent/s : Mr. AC to SC 23 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER --------------- 28-09-2015 After some arguments, learned counsel appearing on behalf of the petitioner 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 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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 with respect to the lands in question before the learned Bihar Land Tribunal, Patna, which may be available to them.

If an appropriate petition is filed on behalf of the petitioner within a period of six weeks from today with a certified

Patna High Court CWJC No.11320 of 2012 (4) dt.28-09-2015 2/2 copy of the present order and if it is found to have become barred by limitation and if any petition is filed 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 on 03.07.2012 and that remained pending before this Court till date.

(Birendra Prasad Verma, J) Tahir/- U