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Patna High CourtCWJC/1321/2015withdrawn

Mohan Sinha And ANR v. The State Of Bihar And ORS

2017-01-09Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1321 of 2015 ======================================================

1. Mohan Sinha S/o Sri Sakaldeo Rai, resident of village - Nayatola Saguna, P.S. Danapur, District - Patna

2. Ajay Kumar S/o Late Subhas Chandra Rai, resident of village - Nayatola Saguna, P.S. Danapur, District - Patna .... .... Petitioner/s

Versus

1. The State of Bihar through the Collector, Patna

2. The Collector, Patna

3. The Additional Collector, Patna

4. The Deputy Collector, Land Reforms, Danapur, Patna

5. The Circle officer, Danapur, Patna

6. Bangali Rai Resident of village - Tarachak, P.S. Danapur, District - Patna

7. Lalbabu Rai S/o Late Gigal Rai, Resident of village - Tarachak, P.S. Danapur, District - Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar Jha, Sr. Adv. Mr. Sanat Kumar Mishra, Adv.

For the Respondent Nos.1 to 5 : Mr. Prabhakar Jha, G.P. 27 Mr. Mukund Mohan Jha, AC to G.P. 27 For the Respondent No. 6 : Mr. Binod Kumar Singh, Adv. Mr. Shyam Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 09-01-2017 After some argument, the learned Senior 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.

The parties shall be at liberty to raise all the issues of

Patna High Court CWJC No.1321 of 2015 (3) dt.09-01-2017 2/2 facts and law before the learned Bihar Land Tribunal, Patna, which may be available to them.

If an appropriate petition is filed on behalf of the petitioners before the learned Bihar Land Tribunal, Patna 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 before this Court on 19.01.2015 and that remained pending till date. (Birendra Prasad Verma, J) BTiwary/- U