Banti Lal Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20824 of 2011 ====================================================== Banti Lal Sah S/O Late Badri Sah, R/O Village- Bangra Palti, Police Station- Baruraj Anchal Motipur, District- Muzaffarpur .... .... Petitioner/s

Versus

1. The State Of Bihar through Joint Director, Consolidation, Muzaffarpur

2. The Anchal Adhikari, Motipur Anchal, District- Muzaffarpur

3. Jagdish Rai S/O Late Bhagat Rai R/O Village - Bangra Palti, Police Station- Baruraj, Anchal- Motipur, District-Muzaffarpur

4. Sita Ram Rai S/O Late Bhagat Rai R/O Village - Bangra Palti, Police Station- Baruraj, Anchal- Motipur, District-Muzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukund Mohan Jha, Adv. For the Respondent Nos. 1 & 2 : Mr. AUpendra Pratap Singh, AC to SC-4 For the Respondent No. 3 & 4 : Mr. Krishna Kant Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 01-09-2016 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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, 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

Patna High Court CWJC No.20824 of 2011 (5) dt.01-09-2016 2/2 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 25.11.2011 and that remained pending till date.

(Birendra Prasad Verma, J) BTiwary/- U