Shiv Charan Mahto v. Ramashray Mahto And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15245 of 2013 ====================================================== Shiv Charan Mahto, S/O Late Mahabir Mahto, Resident Of VillageTrimohan, P.S.- Ghoswari, District- Patna .... .... Petitioner/s

Versus

1. Ramashray Mahto, Son Of Chamru Mahto, Resident Of VillageTrimohan, P.S.- Ghoswari, District- Patna

2. Kishore Mahto, Son Of Late Jamuna Mahto, Resident Of VillageTrimohan, P.S.- Ghoswari, District- Patna

3. Suresh Mahto, Son Of Gore Lal Mahto, Resident Of Village- Trimohan, P.S.- Ghoswari, District- Patna

4. The State Of Bihar through Principal Secretary, Revenue Department, Government Of Bihar, Patna

5. Commissioner, Patna Division, Patna

6. Deputy Collector Land Reforms, Barh, District- Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Kumar, Adv. For the Respondent no.1 : Mr. Ranjan Kumar Dubey, Adv. For the respondent nos.4to6 : Mr.Mahendra Prasad Verma, AC to SC-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 01-04-2016 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The writ petition stands disposed of as withdrawn with the liberty aforesaid.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, which may be available to them, before the learned Bihar Land Tribunal, Patna.

Patna High Court CWJC No.15245 of 2013 (4) dt.01-04-2015 If an appropriate petition is filed on behalf of the petitioner 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 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 on 06.08.2013 and that remained pending before this Court till date. Arvind/- (Birendra Prasad Verma, J) U