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Patna High CourtCWJC/17604/2012withdrawn

Md. Jafiruddin And ANR v. The State Of Bihar And ORS

2015-10-06Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.17604 of 2012 ======================================================

1. Md. Jafiruddin, Son of Late Hazi Asiruddin

2. Md. Jabir Alam, Son of Late Hazi Asiruddin Both Resident of Village- Choundi P.O. And P.S. Barsoi, District- Katihar .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Commissioner, Purnia, District- Purnia

3. The D.C.L.R. Barsoi, District- Katihar

4. Md. Mujahid Alam, Son of Late Nasiruddin

5. Md. Jakir Alam, Son of Md. Mujahid .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mr.Md.Musawir For the Respondent nos.4&5 : Mr. Md.Qamrul Hoda ====================================================== 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 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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, which may be available to them, before the learned Bihar Land Tribunal, Patna.

If an appropriate petition is filed on behalf of the petitioners within a period of two months from today with a

Patna High Court CWJC No.17604 of 2012 (5) dt.06-10-2015 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 on 18.09.2012 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U