Awadesh Jha And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11327 of 2012 ======================================================

1. Awadesh Jha S/O Late Madhu Kant Jha R/O Village- Goraul, P.S.- Goraul, District- Vaishali

2. Bodha Devi W/O Bam Bahadur Rai R/O Village- Goraul Bhagwanpur, P.S.- Goraul, District- Vaishali .... .... Petitioner/s

Versus

1. The State of Bihar through Chief Secretary Government of Bihar at Patna

2. The Collector, Vaishali

3. The Deputy Director, Consolidation, Vaishali at Hazipur

4. Kaladhar Jha S/O Late Madhu Kant Jha R/O Village- Goraul Bhagwanpur, P.S.- Goraul, District- Vaishali .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Nachiketa Jha, Advocate For the Respondent Nos. 1 to 3: Mr.Deepak Sahay Jamuar, AC to AAG 6 For the Respondent No. 4 : Mr.SNP Singh, Advocate Mr.Surendra Pd.Singh, Advocate Mr.Ashok Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER ------------- 28-09-2015 After some arguments, learned counsel appearing on behalf of the petitioners, 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 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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

Patna High Court CWJC No.11327 of 2012 (3) dt.28-09-2015 2/2 them.

If an appropriate petition is filed on behalf of the petitioners within a period of six 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 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 04.07.2012 and that remained pending before this Court till date.

(Birendra Prasad Verma, J) Tahir/- U