Patna High CourtCWJC/12422/2012withdrawn

Md.Taiyab v. The State Of Bihar And ORS

2015-09-29Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.12422 of 2012 ====================================================== Md. Taiyab, S/O Late Abdul Hasan, Resident Of Village Bara Istambarar Tola Pipra, P.S. Jokihat, District Araria .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Sub-Divisional Magistrate, Araria

3. The Circle Officer, Jokuhat District Araria

4. Md. Asfaque S/O Md. Salimuddin Resident of Village Bara Istambarar P.S. Jokihat, District Araria

5. Md. Mustaque S/O Md. Salimuddin Resident of Village Bara Istambarar P.S. Jokihat, District Araria

6. Mahfus S/O Md. Salimuddin Resident of Village Bara Istambarar P.S. Jokihat, District Araria

7. Zuber S/O Md. Salimuddin Resident of Village Bara Istambarar P.S. Jokihat, District Araria

8. Mohsin S/O Md. Salimuddin Resident of Village Bara Istambarar P.S. Jokihat, District Araria

9. Md. Jahangir S/O Md. Salimuddin Resident of Village Bara Istambarar P.S. Jokihat, District Araria .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Prasad Singh For the Respondent nos.1to3 : Mr. Sushant Praveen, AC to SC-27 For the Respondent nos.4to9 : Mr.Md.Ziaul Quamar Mr.Manish Kumar Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 29-09-2015 After some argument, learned counsel appearing on behalf of the petitioner, in presence of 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The writ petition stands disposed of as withdrawn

Patna High Court CWJC No.12422 of 2012 (4) dt.29-09-2015 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 petitioner 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 bonafide legal advice the present writ petition was filed on 16.07.2012 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U