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Patna High CourtCWJC/4630/2021dfd for non appearance

Neeraj Kumar Singh v. State Of Bihar

2022-09-23Mr. Justice Shailendra Singh,Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4630 of 2021 ====================================================== Neeraj Kumar Singh S/o Mahendra Narain Singh R/o -14, Jairaj Vasundhara, East Boring Canal Road, Budha Colony, Patna ... ... Petitioner/s

Versus

1.

State of Bihar through Chief Secretary 2.

State Election Commission, Patna, Bihar, through Election Commissioner, 3.

Election Commissioner, State Election Commission, Patna, Bihar 4.

District Magistrate, Barbigha, Sheikhpura 5.

D.C.L.R. cum Senior in-charge Officer, Barbigha, Sheikhpura 6.

Presiding Officer cum Additional Collector, Sheikhpura 7.

Electoral Officer cum Executive Officer, Nagar Parisad, Barbigha 8.

Barbigha Nagar Parisad through its Chairman 9.

Chairman Barbigha Nagar Parisad ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Abbas Haider, SC-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH) 23-09-2022 On repeated calls, nobody has joined the Court proceedings being held though video conferencing on behalf of the petitioner to press the application.

On perusal of the record it would appear that when the matter was taken up on 21.08.2021, counsel for the petitioner did not turn up though the counsel of the State was present. Hence, the matter was adjourned to 02.09.2021. Thereafter, when

Patna High Court CWJC No.4630 of 2021(4) dt.23-09-2022 2/2 the matter was taken up on 16.09.2021, again no one appeared for the petitioner to press the writ petition. Hence, the writ petition was dismissed for want of prosecution. Subsequently the petitioner filed a restoration application vide MJC No. 2055 of 2021 which was allowed vide order dated 23.02.2022 whereafter the writ petition was restored to its original file. It has been brought to our notice by the learned counsel for the State that the copy of the writ petition has not been served upon the counsel for the State till date. Apparently, the petitioner does not appear to be serious about pressing the application.

In that view of the matter, the application is dismissed for want to prosecution.

(Ashwani Kumar Singh, J) ( Shailendra Singh, J) kanchan/- U