Patna High CourtCWJC/20931/2014withdrawn

Govind Sharma v. The State Of Bihar And ORS

2016-09-17Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.20931 of 2014 ====================================================== Govind Sharma Son of Late Hanuman Sharma Resident of Village - Bajhara, P.O.- Sonali, P.S.- Kadwa, District -Katihar .... .... Petitioner/s

Versus

1. The State of Bihar, through D.M. Katihar

2. The D.C.L.R., Barsoi, District - Katihar

3. Daulat Kanti Nandi Son of Late Harendra Kumar Nandi

4. Manik Kanti Nandi Son of Late Harendra Kumar Nandi

5. Ashis Kumar Nandi Son of Late Harendra Kumar Nandi

6. Mona Nandi Son of Late Harendra Kumar Nandi

7. Sila Devi Daughter of Harendra Nandi

8. Chinu Prabha Nandi Wife of Late Harendra Kumar Nandi All Resident of Village - Chuna Gali Road Binodpur, Katihar, P.S.- Katihar, District - Katihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Rahmatullah, Adv. Mr. Md. Fahimuddin, Adv.

For the Respondent Nos. 1 & 2 : Mr. Subhash Pd. Singh, GA-3 Mr. Dilip Kumar, AC to GA-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 17-09-2016 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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,

Patna High Court CWJC No.20931 of 2014 (2) dt.17-09-2016 2/2 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 bonafide legal advice, the present writ petition was filed before this Court on 9.12.2014 and that remained pending till date.

(Birendra Prasad Verma, J) BTiwary/- U