Dismissed

Vishwanath Prasad Lakhotia @ Maheshwari @ Bishwanath Lakhotia and Ors. v. The State Of Bihar and Ors.

Patna HC27 Sept 2016CWJC/12331/2015

Case brief

AI extract

What is this about?

The High Court at Patna, allowed the petitioners to withdraw the writ petition with liberty to approach the Bihar Land Tribunal, Patna, subject to specific conditions regarding limitation and bona fide advice.

What did the court decide?

Permission to withdraw the writ petition was accorded with liberty to approach the Bihar Land Tribunal, Patna, for appropriate relief regarding disputed lands and the impugned order.

Vishwanath Prasad Lakhotia @ Maheshwari @… — Civil Procedure and Limitation | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Civil Writ Jurisdiction Case No.12331 of 2015

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====================================================== 1. Vishwanath Prasad Lakhotia @ Maheshwari @ Bishwanath Lakhotia son of Late Memraj Lakhotiya @ Memraj Maheswari 2. Most. Puspa Devi Lakhoita wife of Late Gauri Shankar Lakhotiya @ Gauri Shankar Maheshwari 3. Ashutosh Lakhotiya @ Ashutosh Kumar Maheshwari, Son of Late Gauri Shankar Lakhotia @ Gauri Shankar Maheshwari

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All are residents of Mohalla- Mahabir Asthan, Station Road, Ward No. 12, Rosera, P.O. & P.S.- Rosra, District- Samastipur .... .... Petitioner/s Versus 1. The State of Bihar through Chief Secretary, Government of Bihar, Patna 2. The Collector, Samastipur

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The Circle Officer, Hasanpur Circle, At & P.O. & P.S.:- Hasanpur, District- Samastipur 4. Shyam Sunder Somani son of Late Din Dayal Somani, resident of Mohallah- Maranchi Ujagar @ Hasanpur, Road Bazar, P.O. & P.S.Hasanpur, District- Samastipur

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Raj Kumar Somani son of Late Din Dayal Somani, resident of MohallahMaranchi Ujagar @ Hasanpur, Road Bazar, P.O. & P.S.- Hasanpur, District- Samastipur 6. Anpurna Lakhotia wife of Gopal Lakhotia, daughter of Din Dayal Somani, resident of village- Mokama, P.O.- Mokama, P.S.- Mokama, District- Patna 7. Santosh Bhimani wife of Arun Bhimani, daughter of Din Dayal Somani, Resident of Village- Jandaha Bazar, P.O.- Jandaha, P.S.- Jandaha, DistrictVaishali 8. Jugal Somani son of Late Bhajan Lal Somani, resident of MohallahMaranchi Ujagar @ Hasanpur, Road Bazar, P.O. & P.S.- Hasanpur, District- Samastipur .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. M.N.Parbat, Sr.Advocate Mr.Praveen Prabhakar, Advocate For the Respondent Nos. 1 to 3 : Mr. Prashank Kumar, AC to SC 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER

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2 27-09-2016 After some argument, the learned counsel appearing on behalf of the petitioners, in presence of the learned counsel appearing on behalf of the respondent nos. 1 to 3, seeks permission to withdraw the present writ petition with a liberty to approach the learned Bihar Land Tribunal, Patna for grant of

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Patna High Court CWJC No.12331 of 2015 (2) dt.27-09-2016

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2/2

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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.

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

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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.

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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 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 bona fide legal advice, the present writ petition was filed before this Court on 11.08.2015 and that remained pending till date.

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(Birendra Prasad Verma, J)

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Tahir/-

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Vishwanath Prasad Lakhotia @ Maheshwari @ Bishwanath Lakhotia and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

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Vishwanath Prasad Lakhotia @ Maheshwari @ Bishwanath Lakhotia and Ors. v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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