Patna High CourtCWJC/11214/2015withdrawn

Sanju Devi v. The State Of Bihar And ORS

2016-09-20Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11214 of 2015 ====================================================== Sanju Devi wife of Late Yogendra Paswan, Resident of village - Khartari, Police Station- Chiraiya, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar through the Collector East Champaran at Motihari.

2. The Sub-Divisional Officer, Sub-Division Office, Dhaka, District- East Champaran.

3. The Land Reforms Deputy Collector, Sub-Division Sikrahana at Dakha, District- East Champaran.

4. The Circle Officer, Circle Office, Chiraiya, Sub- Division Sikrahana at Dakha, District- East Champaran.

5. Nandu Paswan.

6. Narad Paswan

7. Bharat Paswan.

8. Nanda Paswan.

9. Nathuni Paswan Respondent No. 5 to 9 are sons of Gudari Paswan, Resident of village- Khartari, Police Station- Chiraiya, District- East Champaran. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Kumar, Advocate For the Respondent Nos.1 to 4: Mr. Harish Kumar, GP 8 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 20-09-2016 After some argument, the learned counsel appearing on behalf of the petitioner seeks permission to withdraw the present writ petition with a liberty to approach the District Collector, East Champaran, Motihari in terms of Section 21 of The Bihar Privileged Persons Homestead Tenancy Act, 1947 (in short "Act, 1947") for grant of appropriate relief(s) to the petitioner with respect to lands in question, for which homestead parchs have been issued in favour of the private respondent nos. 5 to 9. Permission is accorded.

The writ petition stands dismissed as withdrawn with the liberty aforesaid.

It goes without saying that if an appropriate petition is

Patna High Court CWJC No.11214 of 2015 (2) dt.20-09-2016 2/2 filed on behalf of the petitioner within a period of two months from today with a certified copy of the present order, then the respondent District Collector, East Champaran, Motihari shall be obliged to initiate a proceeding and shall pass appropriate final order under the provisions of the Act, 1947, but before passing any final order, opportunity of hearing must be given to the petitioner and respondent nos. 5 to 9, besides others, if any. (Birendra Prasad Verma, J) Tahir/- U