Yogendra Yadav And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17878 of 2012 ======================================================

1. Yogendra Yadav Son Of Late Biranchi Yadav, Grandson Of Late Hiyalal Yadav Resident Of Village : Bhawanipur, P.S. - Gopalpur, District - Bhagalpur

2. Shambhu Sharan Yadav Son Of Late Biranchi Yadav, Grandson Of Late Hiyalal Yadav Resident Of Village : Bhawanipur, P.S. - Gopalpur, District - Bhagalpur

3. Binda Devi Wife Of Tarani Prasad Yadav, Daughter Of Late Biranchi Yadav, Grand Daughter Of Late Hiyalal Yadav Resident Of Village : Bhawanipur, P.S. - Gopalpur, District - Bhagalpur

4. Premlata Devi Wife Of Sachidanand Yadav, Daughter Of Late Biranchi Yadav, Grand Daughter Of Late Hiyalal Yadav Resident Of Village : Bhawanipur, P.S. - Gopalpur, District - Bhagalpur

5. Gorelal Yadav Son Of Late Hiyalal Yadav Resident Of Village : Bhawanipur, P.S. - Gopalpur, District - Bhagalpur .... .... Petitioner/s

Versus

1. The State of Bihar through Collector, Bhagalpur, District Bhagalpur

2. The Settlement Officer/Charge Officer, Bhagalpur District Bhagalpur

3. The Revenue Officer, Anchal Gopalpur, District - Bhagalpur

4. Nijo Yadav @ Nokhelal Yadav Son of Late Chunchun Yadav Resident of Village : Bhawanipur, P.S. - Gopalpur, District - Bhagalpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shrinandan Prasad Singh, Adv. Mr. Ashok Kumar Yadav For the Respondent No.1 to 3 : Mr. Kundan Bahadur Singh, SC-22 Mr. Madanjeet Kumar, AC to SC-22 For the Respondent No. 4 : Mr. Vishwanath Pd. Sinha, Sr. Adv. Mr. Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 06-10-2015 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 avail of the alternative remedy of appeal available to them under Section 109A of The Bihar Tenancy Act, 1885 (in short 'B.T. Act') for grant of appropriate relief(s) with respect to the lands under dispute. Permission is accorded.

Patna High Court CWJC No.17878 of 2012 (4) dt.06-10-2015 2/2 The writ petition stands disposed of as withdrawn with the liberty aforesaid.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, with respect to the lands under dispute before the appellate authority. If an appropriate appeal is filed on behalf of the petitioners under Section 109A of the B.T. Act, 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 appellate authority shall take into consideration that on a bonafide legal advice, the present writ petition was filed before this Court on 21.09.2012 and that remained pending till date.

(Birendra Prasad Verma, J) BTiwary/- U