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Patna High CourtCWJC/19004/2014withdrawn

Udeshwar Kardar And ORS v. The State Of Bihar And ORS

2016-09-06Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19004 of 2014 ======================================================

1. Udeshwar Kardar

2. Baldeo Kardar

3. Sundar Lal Kardar

4. Ajab Lal Kardar All Sons of Late Ugaru Mandal All Resident of Village Sohagmaro, P.O. Sohagmaro, P.S. Bardaha, (Sikty) Anchal Sikty, District Araria.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary Land Reforms Department, Government of Bihar, Patna.

2. The District Magistrate, Araria.

3. The Sub Divisional Officer, Araria.

4. The Circle Officer, Sikty, Araria.

5. Bhola Mandal, S/o Late Rup Lal Mandal, Resident of Village Sohagmaro, P.O. Sohagmaro, Block Sikty, P.S. Bardaha, District Araria.

6. Shiv Narayan @ Lal Mandal, S/o Late Rup Lal Mandal, Resident of Village Sohagmaro, P.O. Sohagmaro, Block Sikty, P.S. Bardaha, District Araria.

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

For the Petitioner/s : Mr. Saket Tiwary, Adv. Mr.Sanjeev Kumar Dubey, Adv.

For the Respondent nos.1to4 : Mr. Anuj Kumar, AC to SC-12 For the Respondent nos.5&6 : Mr.Shashi Nath Jha, Adv. Mr. Mukesh Kumar Rana, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 06-09-2016 After some argument, the learned counsel appearing on behalf of the petitioners, 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The writ petition stands disposed of as withdrawn

Patna High Court CWJC No.19004 of 2014 (2) dt.06-09-2016 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 petitioners 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 petitioners 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 10.11.2014 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U