Shan Mohammad And Anr vs The State Of Bihar & Ors on 9 September, 2016

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Patna High Court - Orders

Shan Mohammad And Anr vs The State Of Bihar & Ors on 9 September, 2016

Bench: Birendra Prasad Verma

   IN THE HIGH COURT OF JUDICATURE AT PATNA
             Civil Writ Jurisdiction Case No.13138 of 2014
======================================================
1. Shan Mohammad son of late Muslim Ali
2. Md. Salim son of late Taiyab Ali, Both resident of village - Baulia
   Police Station - Manihari, District - Katihar.

                                                        .... ....   Petitioner/s
                                  Versus
1. The State of Bihar through the Collector, Katihar.
2. The Collector, Katihar
3. The Additional Collector, Katihar.
4. The Deputy Collector Land Reforms, Katihar.
5. The Circle Officer, Mansahi District - Katihar.
6. Lakshman Sharma
7. Mahavir Sharma, Both sons of Kishori Sharma
8. Faugni Devi Wife of Lakshman Sharma
9. Reshmi Devi Wife of Mahavir Sharma
10. Anup Sharma
11. Sanup Sharma Both sons of Jhapti Sharma
12. Ashia Devi Wife of Anup Sharma
13. Nitya Devi Wife of Sanup Sharma
14. Yogi Sharma
15. Munshi Sharma Both sons of late Kishori Sharma
16. Kari Devi Wife of Yogi Sharma
17. Domni Devi Wife of Munshi Sharma
18. Gopal Paswan
19. Shyam Paswan
20. Naresh Paswan All sons of Tiklu Paswan
21. Majri Devi Wife of Gopal Paswan
22. Sita Devi Wife of Shyam Paswan
23. Sudhiya Devi Wife of Naresh Paswan
24. Dukha Paswan Son of Bhim Paswan
25. Dulari Wife of Dukha Paswan
26. Sita Ram Paswan
27. Ram Paswan Both sons of Shukdev
28. Rampatia Devi Wife of Sita Ram Paswan
29. Sampatia Devi Wife of Ram Paswan
30. Hira Ravidas Son of Fuddi Ravidas
31. Hemia Devi Wife of Hira Ravidas
32. Shyam Lal Ravidas Son of Sri Ravidas
33. Ala Devi Wife of Shyam Lal Ravidas
34. Akhilesh Ravidas Son of Popan Ravidas
35. Lakhia Devi Wife of Akhilesh Ravidas
36. Mangal Ravidas Son of Haghanu
37. Somiya Devi Wife of Mangal Ravidas
38. Jyotish Paswan Son of Mannu Paswan
39. Champa Devi Wife of Jyotish Paswan
40. Sudhir Paswan Son of Lakhan Paswan
41. Geeta Devi Wife of Sudhir Paswan
42. Chandra Dev Paswan Son of Khokha Paswan
43. Geeta Devi Wife of Chandra Dev Paswan
       Patna High Court CWJC No.13138 of 2014 (2) dt.09-09-2016

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                  44. Most. Dhanjia
                  45. Most. Binda Devi Both Wives of late Shyamlal Dom All Residents of
                      Village - Dilarpur, Katihar.
                  46. Lal Mohammad Son of Abdul Salam
                  47. Abdul Haque Son of late Siddique Hussain
                  48. Abdul Sakim Son of late Siddique Hussain
                  49. Abdul Jabbar Son of Choudhary Hazi Ayub Ali
                  50. Amanat Ali Son of late Abbas Ali
                  51. Md. Ishaque Son of late Muslim
                  52. Md. Suleman Son of late Khabiruddin
                  53. Abu Said Son of late Abbas Ali
                  54. Aabad Ali Son of Md. Ali,
                   All residents of Village - Baulia Police Station - Manihari District -
                  Katihar.

                                                                     .... .... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :    Ms. Sushmita Mishra, Adv.
                  For the Respondent Nos. 1 to 4 : Mr. Manoj Kumar Yadav, AC to GA-10
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
                  ORAL ORDER

2   09-09-2016

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 before the learned Bihar Land Tribunal, Patna, which may be available to them.

If an appropriate petition is filed on behalf of the petitioners before the learned Bihar Land Tribunal, Patna within a period of eight weeks from today with a certified copy of the Patna High Court CWJC No.13138 of 2014 (2) dt.09-09-2016 3/3 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 before this Court on 1.8.2014 and that remained pending till date.

(Birendra Prasad Verma, J) BTiwary/-

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Patna High Court - Orders