Masomat Buchiya Devi And ORS. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6355 of 2015 ======================================================

1. Masomat Buchiya Devi wife of Late Agam Lal Paswan

2. Dularchand Paswan S/o Late Agam Lal Paswan,

3. Tarachand Paswan S/o Late Agam Lal Paswan,

4. Domi Paswan S/o Late Dukhan Paswan

5. Ganesh Paswan S/o Late Rajendra Paswan, All residents of villageKhabdah, Anchal + P.S.- Narpatganj, District- Araria .... .... Petitioner/s

Versus

1. The State of Bihar

2. Circle Officer, Narpatganj, District- Araria

3. The Sub-Divisional Officer, Forbesganj, District- Araria

4. Sita Ram Paswan S/o Late Moti Paswan

5. Durga Paswan S/o Late Moti Paswan, Respondents No. 4 to 5 are residents of village- Khabdah, Post- Kanhaili, P.S.- Narpatganj, DistrictAraria

6. Laxmi Paswan, S/o Late Moti Paswan, Resident of Uttar Maheshwari, Ward No. 16, Jogbani, Eastern Side from the Police Station- Jogbani, P.S.- Jogbani, District- Araria .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Parmeshwar Mehta, Adv. For the Respondent Nos. 1 to 3 : Mr. Md. Harun Quareshi, AC to SC-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 17-09-2016 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.

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

Patna High Court CWJC No.6355 of 2015 (2) dt.17-09-2016 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 22.4.2015 and that remained pending till date. (Birendra Prasad Verma, J) BTiwary/- U