Md. Zahid Hussain And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.25504 of 2013 ======================================================

1. Md. Zahid Hussain, Son of Late Jamaluddin

2. Md. Mushrraf Hussain, Son of Late Jamaluddin

3. Md. Mohtashim Haidar, Son of Late Jamaluddin

4. Most. Jahida Khatoon, Wife Of Late Jamaluddin All Resident Of Village- Kandela, P.S.- Barsoi, P.O.- Sudhani, DistrictKatihar .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Collector, Katihar

3. The Additional Collector, Katihar

4. The Deputy Collector, Land Reforms, Barsoi, District- Katihar

5. The Circle Officer, Kadwa Anchal, District- Katihar

6. The Circle Inspector, Kadwa Anchal, District- Katihar

7. Sk. Manzoor Alam, Son Of Hafizuddin

8. Sk. Muslim, Son Of Hafizuddin

9. Sk. Asfaque Alam, Son Of Hafizuddin All Resident Of Village- Kolha, P.S.- Barsoi, P.O.- Sudhani, DistrictKatihar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Rahmatullah, Adv. For the Respondent nos.1to6 : Mr. Mritunjay Kumar, AC to AAG-10 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 15-01-2016 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.

The parties shall be at liberty to raise all the issues of

Patna High Court CWJC No.25504 of 2013 (2) dt.15-01-2016 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 petitioners 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 on 23.12.2013 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U