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Patna High CourtCWJC/13685/2015withdrawn

Chandra Shila Devi And ORS v. The State Of Bihar And ORS

2016-10-04Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13685 of 2015 ======================================================

1. Chandra Shila Devi Wife of Late Pushpa Nath Jha,

2. Sanjay Jha @ Sanjay Kumar Jha,

3. Ajit Jha @ Ajit Kumar Jha,

4. Sanjeet Jha, All three are son of Late Pushpa Nath Jha,

5. Beena Devi, Wife of Late Anjani Jha,

6. Niraj Jha @ Niraj Kumar Jha,

7. Pawan Jha @ Pawan Kumar Jha, Both are son of Late Anjani Jha

8. Madhbi Lata Devi, Wife of Late Daya Nath Jha,

9. Amresh Jha @ Amresh Kumar Jha,

10. Barjesh Jha @ Barjesh Kumar Jha, Both are son f Late Daya Nath Jha, All are residents of village - Saidpur, P.S. - Gopalpur, P.O. - Saidpur, District - Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar through the Secretary Land Reforms Department, Govt. of Bihar, Patna.

2. The Collector, Bhagalpur.

3. The Depty Collector, Land Reforms Naugachhia, Bhagalpur.

4. Bibhishan Mandal Son of Bauki Mandal, Resident of Village - Navtoliya, P.s. - Gopalpur, District - Bhagalpur.

5. Rajendra Mandal, Son of Late Dhanpati Mandal, Resident of Village - Simaria Tola, P.S. - Gopalpur District - Bhagalpur. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ram Sumiran Singh, Adv. For the Respondent Nos.1 to 3 : Mr. Pritish Kumar Lal, AC to SC-24 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 04-10-2016 After some argument, the 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 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The writ petition stands disposed of as withdrawn with

Patna High Court CWJC No.13685 of 2015 (3) dt.04-10-2016 2/2 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 petitioners 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 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 before this Court on 28.8.2015 and that remained pending till date. (Birendra Prasad Verma, J) BTiwary/- U