Kapil Deo Tiwari And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15492 of 2012 ======================================================

1. Kapil Deo Tiwari son of Ram Raj Tiwari, resident of Village - Nonaura, P.S. - Rajpur, District - Buxar

2. Dharam Deo Tiwari son of Ram Raj Tiwari, resident of Village - Nonaura, P.S. - Rajpur, District - Buxar

3. Sarva Deo Tiwari son of Ram Raj Tiwari, resident of Village - Nonaura, P.S. - Rajpur, District - Buxar

4. Prakash Tiwari son of Late Chandra Deo Tiwari, resident of Village - Nonaura, P.S. - Rajpur, District - Buxar

5. Anil Tiwari son of Late Chandra Deo Tiwari, resident of Village - Nonaura, P.S. - Rajpur, District - Buxar .... .... Petitioner/s

Versus

1. The State of Bihar

2. Director, Consolidation, Patna, Bihar

3. Consolidation Officer, Rajpur, District - Buxar

4. Gupteshar Tiwari son of Sheo Prasan Tiwari, resident of Village - Nonaura, P.S. - Rajpur, District - Buxar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jitendra Prasad Singh, Advocate For the Respondent Nos. 1 to 3 : Mr. Udai Shankar Singh, AC to GA2 For the Respondent No. 4 : Mr.Ram Kishore Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER ------------ 01-10-2015 After some argument, 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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 facts and law before the learned Bihar Land Tribunal, Patna,

Patna High Court CWJC No.15492 of 2012 (3) dt.01-10-2015 2/2 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 that it has 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 bona fide legal advice, the present writ petition was filed before this Court on 27.08.2012 and that remained pending till date. (Birendra Prasad Verma, J) Tahir/- U