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Patna High CourtCWJC/24302/2013withdrawn

Tarani Prasad Mehta v. The State Of Bihar And ORS

2016-01-06Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.24302 of 2013 ====================================================== Tarani Prasad Mehta Son of Late Ram Bali Lal Mehta, Resident of Village Masuriya, Police Station Sarsi, District Purnea .... .... Petitioner/s

Versus

1. The State of Bihar through the Divisional Commissioner, Purnea

2. The Collector, Purnea

3. The Land Reforms Deputy Collector, Banmankhi, Purna

4. The Circle Officer, Banmankhi, Purnea

5. Harilal Baitha Son of Late Jaikrishna Baitha, Resident of Village Masuria , P.O. Ram Nagar, Police Station Sarsi, District - Purnea

6. Suresh Lal Baitha Son of Late Dhakan Lal Baitha @ Dakahru Baitha, Resident of Village Masuria , P.O. Ram Nagar, Police Station Sarsi, District - Purnea

7. Triveni Prasad Mehta Son of Late Baldeo Mehta, Resident of Village Masuria , P.O. Ram Nagar, Police Station Sarsi, District - Purnea

8. Sakal Narayan Singh Son of Late Jagdish Singh, Resident of Village Pranpatti, P.O. Ram Nagar, Police Station Sarsi, District Purnea

9. Tapeshwar Mehta Son of Late Ram Charan Mehta, Resident of Village Jagni, P.O. Banaili, P.S. K.Nagar, District Purnea .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bipin Kumar Mr. Dhananjay Kr.

For the Respondent No.1 to 4: Mr. Sanjeet Kumar Tiwari, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 06-01-2016 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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

Patna High Court CWJC No.24302 of 2013 (2) dt.06-01-2016 2/2 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 bonafide legal advice, the present writ petition was filed before this Court on 05.12.2013 and that remained pending till date.

(Birendra Prasad Verma, J) BTiwary/- U