Radha Krishna Choubey And ANR v. The Commissioner And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11340 of 2012 ======================================================

1. Radha Krishna Choubey

2. Dwarika Dhish Choubey Both sons of Late Rama Shankar Choubey, R/O Vill.-Pandey Patti, P.S.- Buxar(M), Distt.- Buxar .... .... Petitioner/s

Versus

1. The Commissioner, Patna Division, Patna

2. The Collector, Buxar

3. The Addl. Collector, Buxar

4. The D.C.L.R., Buxar

5. Kanhaiya Pandey, S/O Late Paras Pandey, R/O Vill.- Pandey Patti, P.S.- Buxar (M), Distt.- Buxar

6. Hridya Narain Choubey, S/O Late Rameshwar Choubey, Presently R/O 96, Gautam Nagar, New Delhi - 40 .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Awadh Bihari Ojha, Sr.Adv. For the Respondent nos.1to4 : Mr. Harish Kumar, GP-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 26-08-2016 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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 facts and law, which may be available to them, before the learned Bihar Land Tribunal, Patna.

Patna High Court CWJC No.11340 of 2012 (4) dt.26-08-2016 If an appropriate petition is filed on behalf of the petitioners within a period of six weeks 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 04.07.2012 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U