Shambhu Saran Singh v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.21027 of 2011 ====================================================== Shambhu Saran Singh S/O Late Ram Krit Singh, resident of VillageDhaphar, P.S- Chauradano, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar
2. The Secretary Department of Revenue, Govt. of Bihar.
3. The District Magistrate Motihari, District- East Champaran.
4. The Additional Collector, Land Reforms, Motihari District- East Champaran.
5. The D.C.L.R. Raxaul, District- East Champaran.
6. The Circle Officer Chauradano, District- East Champaran.
7. Krinendra Kumar Sinha S/O Late Krishna Kumar Sinha, permanemnt resident of Village & P.O- Reotith, P.S- Baikunthpur, District-Gopalganj at present resident of 98 Anandpuri, West Boring Canal Road, Patna.
8. Kaushalendra Kumar Sinha S/O Late Krishna Kumar Sinha, permanent resident of Village & P.O- Reotith, P.S- Baikunthipur, District- Gopalganj at present resident of Boring Canal Road West 104, Gandhi Nagar Patna800001
9. Amiri Lal Singh S/O Late Ram Krit Singh, resident Of Village-Dhaphar, P.S- Chauradano, District- East Champaran.
10. Raghunath Rai S/O Sitaram Rai, Village-Dhaphal Patti Sareyan, P.SChauradano, District- East Champaran.
11. Jodha Rai S/O Kishnu Rai, resident of Village- Dhaphar Patti Sareyan, P.S- Chauradano, District- East Champaran
12. Indra Pati Devi W/O Indra Deo Prasad Yadav, resident of Village- Bela, P.S- Chauradano, District- East Champaran.
.... .... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Anis Akhtar, Advocate Mr.Arif Daula Siddiqui, Advocate For the Respondent Nos. 1 to 6 : Mr. Sunil Kr. Mandal, SC 24 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 24-02-2016 Though, the matter has been listed under the heading "For Orders" (On Office Notes) for consideration of office note dated 12.02.2016, but 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
Patna High Court CWJC No.21027 of 2011 (3) dt.24-02-2016 2/2 (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 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 bona fide legal advice, the present writ petition was filed before this Court on 28.11.2011 and that remained pending till date.
(Birendra Prasad Verma, J) Tahir/- U