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Patna High CourtCWJC/7864/2018dismiss for nonprosecution

Javahir Shah v. The State Of Bihar And ORS

2024-09-05Mr. Justice Harish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7864 of 2018 ====================================================== Javahir Shah S/o Late Zagaru Shah, Resident of Village- Kail Khurd, P.S.- Burhariya, Dist.- Siwan.

... ... Petitioner/s

Versus

1.

The State Of Bihar through its Principal Secretary, Revenue Department, Patna, Bihar.

2.

The Collector, Siwan.

3.

The Deputy Collector land Reform Siwan Sadar, Siwan. 4.

The Circle Officer, Burhariya, Siwan.

5.

Mritunjay Shah, S/o Krishna Shah, Resident of Village- Kail Khurd, P.S.- Burhariya, Dist.- Siwan.

6.

Ram Sundar Shah, S/o Krishna Shah, Resident of Village- Kail Khurd, P.S.- Burhariya, Dist.- Siwan.

7.

Vailash Shah, S/o Ram Sundar Shah, Resident of Village- Kail Khurd, P.S.- Burhariya, Dist.- Siwan.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Ebadur Rahman Shakib, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 05-09-2024 None appears on behalf of the petitioner. Mr. Ebadur Rahman Shakib, learned Advocate for the State is present.

2. Earlier also, when the matter was taken up on 22.08.2024, there was no representation on the part of the petitioner. However, this Court on the last occasion having taken note of the averments made in the counter affidavit, observed as follows:

"3. A counter affidavit has been filed on behalf of respondent Nos.2 to 4. Categorical averment has been made that pursuant to the

Patna High Court CWJC No.7864 of 2018(3) dt.05-09-2024 2/2 application filed on behalf of the petitioner, the DCLR, Siwan directed the Circle Officer, Barhariya to demarcate the land and resolve the dispute between the petitioner and the private respondents.

4. On the basis of aforesaid order, the Circle Officer, Barhariya vide order dated 20.08.2018 has initiated Miscellaneous Case No.01 of 2018 and issued notice to the Anchal amin for measurement. The Circle Officer, Barhariya has also issued notice to the private respondents to deposit the measurement fee. The order sheet of the Misc. Case No.1 of 2018 has been brought on record."

3. Considering the fact that today also, there is no representation on behalf of the petitioner, the writ petition stands dismissed for non prosecution.

(Harish Kumar, J) shivank/- U