Kauleshwari Gwalin v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22362 of 2014 ====================================================== Kauleshwari Gwalin W/O Late Teka Gope, Resident of Village - Ghutiya Tola Kathautia, P.S.- Chandauti, District - Gaya .... .... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Department of Land and Revenue Reforms, Bihar , Patna.

2. The Commissioner, Magadh Division , Gaya.

3. The Collector, Gaya.

4. The Additional Collector Cum- Assistent Settlement Officer, Gaya.

5. The Deputy Collector, Land Reforms, Sadar Gaya,

6. The Circle Officer , Town, Gaya.

.... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kamal Nayan Chaubey, Sr. Adv. For the Respondent/s : Mr. Sajid Salim Khan, SC 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 18-10-2016 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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, 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 six weeks from today with a certified copy of the present

Patna High Court CWJC No.22362 of 2014 (3) dt.18-10-2016 2/2 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 24.12.2014 and that remained pending till date.

(Birendra Prasad Verma, J) BTiwary/- U