Sankar Jee Rai And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11787 of 2012 ======================================================

1. Shankar Jee Rai son of Sri Shiv Dhyan Rai, resident of Village - Kukurbhuka, P.O. & P.S. - Nawa Nagar, District - Buxar

2. Subhash Jee Rai son of Sri Shiv Dhyan Rai, resident of Village - Kukurbhuka, P.O. & P.S. - Nawa Nagar, District - Buxar .... .... Petitioner/s

Versus

1. The State of Bihar through the Commissioner, Patna Division, Patna

2. The Commissioner, Patna Division, Patna

3. The Additional Collector, Buxar

4. The Sub-Divisional Officer-Cum-Deputy Collector, Land Reforms, Buxar

5. Ram Kripal Rai @ Ram Kailash Rai son of Late Parikha Rai, resident of Village - Kukurbhuka, P.O. & P.S. - Nawa Nagar, District - Buxar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Bihari Sinha, Advocate Mr.Abinash Kumar, Advocate For the Respondent No.5: Mr. Braj Nandan Kr.Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER --------------- 28-09-2015 After some arguments, learned counsel appearing on behalf of the petitioners, in presence of learned counsel appearing on behalf of the respondent no.5, 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 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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 with respect to the lands in question before the learned Bihar Land Tribunal, Patna, which may be available to them.

Patna High Court CWJC No.11787 of 2012 (4) dt.28-09-2015 2/2 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 for condonation of such delay, then the learned Bihar Land Tribunal, Patna shall take into consideration that on a bona fide legal advice, the present writ petition was filed on 09.07.2012 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Tahir/- U