Chandeshwar Mahto v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13285 of 2014 ====================================================== Chandeshwar Mahto S/o Late Fand Lal Mahto, Resident of Village - Bakhtiarpur Tola, Khushiari, P.S. Chak Mehshi, District - Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar .

2. The Commissioner, Darbhanga Division, Darbhanga.

3. The Collector, Samastipur.

4. The Deputy Collector Land Reforms, Samastipur.

5. Umesh Kumar Singh S/o Shri Ramashish Verma, Resident of Village - Bakhtiarpur Tola , Shiv Nagar, P.S. Chak Mehshi, District - Samastipur.

6. Anil Kumar Mahto

7. Sunil Kumar Mahto

8. Mahesh Kumar Mahto

9. Ganesh Kumar Mahto

10. Suresh Kumar Mahto All sons of Late Sone Lal Mahto All resident of Village - Hajipur Raja @ Hajipurwa, P.S. Chak Mehasi, District - Samastipur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bhubneshwar Prasad, Adv. For the Respondent Nos. 1 to 4 : Mr. J.P. Kishore, AC to SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 30-09-2016 After some argument, the learned counsel appearing on behalf of the petitioner, 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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 facts and law before the learned Bihar Land Tribunal, Patna,

Patna High Court CWJC No.13285 of 2014 (2) dt.30-09-2016 2/2 which may be available to them.

If an appropriate petition is filed on behalf of the petitioner 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 petitioner 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 4.8.2014 and that remained pending till date.

(Birendra Prasad Verma, J) BTiwary/- U