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Patna High CourtCWJC/2522/2016dfd for non appearance

Santosh Kumar Singh v. The State Of Bihar And ORS

2019-03-06Mr. Justice Madhuresh Prasad1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2522 of 2016 ====================================================== Santosh Kumar Singh ... ... Petitioner/s

Versus

The State Of Bihar and Ors ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Ranjeet Kumar Singh, AC to SC6 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 06-03-2019 Respondents' Counsel has taken a preliminary objecting by stating that the order of punishment dated 1.9.2005 has been challenged by way of instant proceeding instituted about 11 years after the said order was passed. The claim of the petitioner is barred by delay and laches as no reasonable explanation has been given for the delay. It is also submitted that without availing alternative remedy of appeal provided under Bihar CCA Rules 2005 the petitioner has directly rushed to this Court. On this score also, the issue of maintainability has been raised by Counsel for the State.

Since none appears on behalf of the petitioner, without going into merits of the submission made by the State Counsel the writ petition is dismissed for want of prosecution. (Madhuresh Prasad, J) SNkumar/- U