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Patna High CourtCWJC/22039/2013withdrawn

Shiv Mahto v. The State Of Bihar And ORS

2015-12-21Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.22039 of 2013 ====================================================== Shiv Mahto, Son Of Late Kasi Mahto, Resident Of Village- Amolwa, P.S.- Gaunaha, District- West Champaran .... .... Petitioner/s

Versus

1. The State Of Bihar

2. The Collector, West Champaran, Bettiah.

3. The Deputy Collector, Land Reforms, Narkatiaganj, District- West Champaran

4. Mahant Mahto,

5. Sugriv Mahto Both Sons Of Naresh Mahto, Resident Of Village- Amolwa, P.S.- Gaunaha, District- West Champaran At Bettiah

6. Barrister Prasad, Son Of Late Vishwanand Sah, Resident Of VillageAmolwa, P.S.- Gaunaha, District- West Champaran At Bettiah .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. Mr.S.K.Thakur, Adv.

For the Respondent nos.1to3 : Mr. A.Ujjwal, SC-25 Mrs.Bandana Singh, AC to SC-25 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 21-12-2015 After some argument, the learned counsel appearing on behalf of the petitioner seeks permission to withdraw the present writ petition with a liberty to approach the respondent District Collector, West Champaran at Bettiah for restoration of RM 79 of 2000-01, which stood dismissed, not on merit rather for want of prosecution, vide order dated 03.05.2010 (Annexure-3). Permission is accorded.

The writ petition stands disposed of as withdrawn with the liberty aforesaid.

If an appropriate petition for restoration is filed on behalf of the petitioner within a period of 4 weeks from today with a certified copy of the present order and, if it is found to have

Patna High Court CWJC No.22039 of 2013 (2) dt.21-12-2015 become barred by limitation and, if any petition is filed on behalf of the petitioner for condonation of such delay, then the respondent District Collector shall take into consideration that on a bonafide legal advice the present writ petition was filed on 30.10.2013 and that remained pending before this Court till date. (Birendra Prasad Verma, J) Arvind/- U