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Patna High CourtCWJC/11679/2012withdrawn

Satan Lal Sharma And ANR v. The State Of Bihar And ORS

2016-02-10Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11679 of 2012 ======================================================

1. Satan Lal Sharma,

2. Bhutai Sharma Both Sons of Late Ashu Lal Sharma, Resident of Village Malharia, P.S. Baisi, District Purnea .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The District Magistrate, Purnea

3. The Land Reforms Deputy Collector, Baisi, Purnea

4. Sub-Divisional Officer, Baisi, Purnea

5. The Circle Officer, Baisi, District Purnea

6. Anup Chand Baidya Son Of Late Tola Ram Baidya Resident Of Mohalla Gulab Bagh, P.S. Sadar Purnea District Purnea

7. Megh Raj Sah Son Of Manohar Sah Resident Of Village Malharia, P.S. Baisi, District Purnea

8. Prakash Sharma Son Of Laxmi Sharma Resident Of Village Malharia, P.S. Baisi, District Purnea

9. Bablu Sharma Son Of Laxmi Sharma Resident Of Village Malharia, P.S. Baisi, District Purnea

10. Kamlu Sharma Son Of Laxmi Sharma Resident Of Village Malharia, P.S. Baisi, District Purnea .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Prawesh Kumar Mr.Amresh For the Respondent nos.1to5 : Mr. Mahboob Ashraf, AC to SC-27 For the Respondent nos.7to10 : Mr.Sushanta Kumar Das Ms. Sangha Mitra Ghosh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 10-02-2016 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.

Patna High Court CWJC No.11679 of 2012 (4) dt.10-02-2016 The writ petition stands disposed of as withdrawn with the liberty aforesaid.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, 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 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 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 06.07.2012 and that remained pending before this Court till date. If it is found that during the pendency of the present writ petition the respondent no.6 has passed away, then the petitioners shall be at liberty to implead his heirs and legal representatives as party respondents in the petition filed before the learned Bihar Land Tribunal, Patna.

(Birendra Prasad Verma, J) Arvind/- U