Shambhu Prasad Jaiswal v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10634 of 2012 With Interlocutory Application No.5434 of 2013 ====================================================== Shambhu Prasad Jaiswal, Son Of Late Lakhan Pd. Jaiswal, Resident Of Village Basta, P.S. Harishchandrapur, District Maldah (West Bengal) Presently Residing At Village Ratanpur, P.S. Manihari, District Katihar .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Collector Katihar

3. The Deputy Collector, Land Reforms, Katihar

4. The Sub-Divisional Officer, Manihari, Katihar

5. The Circle Officer, Manihari, Katihar

6. Ramashankar Jaiswal, Son Of Hira Jaiswal, Resident Of Village Banipur, P.S. Manihari, District Katihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jayram Sharma Mr. Bhola Prasad For the Respondent nos.1to5 : Mr. Harish Kumar, GP-32 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 24-09-2015 I.A.No.5434 of 2013 At the very outset Mr.Jayram Sharma, learned counsel through whom I.A.No.5434 of 2013 has been filed, seeks permission to withdraw the aforesaid Interlocutory Application. Permission is accorded.

I.A. No.5434 of 2013 stands accordingly dismissed as withdrawn.

CWJC No.10634 of 2012 After some argument, learned counsel appearing on behalf of the petitioner, 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

Patna High Court CWJC No.10634 of 2012 (3) dt.24-09-2015 to the lands under dispute.

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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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 petitioner 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 bonafide legal advice the present writ petition was filed on 21.06.2012 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U