Bishundeo Sahani & Anr. vs The State Of Bihar & Ors on 8 October, 2015

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Patna High Court - Orders

Bishundeo Sahani & Anr. vs The State Of Bihar & Ors on 8 October, 2015

Bench: Birendra Prasad Verma

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Civil Writ Jurisdiction Case No.19472 of 2012
                 ======================================================
                 1. Bishundeo Sahani, Son Of Late Laxman Sahani, Resident Of Village-
                 Lagunia Surya Kanth, Tola- Korbadha, P.S. And District- Samastipur
                 2. Sukhdeo Sahani, S/O Mohan Sahani, Resident of Village- Lagunia Surya
                 Kanth, Tola- Korbadha, P.S. And District- Samastipur

                                                                      .... .... Petitioner/s
                                                    Versus
                 1. The State Of Bihar through the Secretary, Deptt. Of Revenue, Govt. Of
                 Bihar, Patna
                 2. The District Magistrate, Samastipur
                 3. The Land Reforms Deputy Collector, Samastipur
                 4. The Circle Officer, Samastipur
                 5. Mohan Thakur, son of late Baleshwar Thakur, Resident of Village-
                 Lagunia Surya Kanth, Tola- Korbadha, P.S.-Muffasil, District- Samastipur

                                                                .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s        :  Mr. Pramod Mishra
                 For the Respondent nos.1to4 : Mr. Karandeep Kumar, AC to GP-4
                 For the Respondent no.5      : Mr.Hare Krishna Kumar
                                                Mr. Sanjeev Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
                 ORAL ORDER

6   08-10-2015

After some argument, learned counsel appearing on behalf of the petitioners, in presence of 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.19472 of 2012 (6) dt.08-10-2015 2

If an appropriate petition is filed on behalf of the petitioners within a period of eight 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 11.10.2012 and that remained pending before this Court till date.

(Birendra Prasad Verma, J) Arvind/-

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Patna High Court - Orders