Patna High CourtMJC/1559/2016disposed

Laldeo Rai And ANR v. Joint Director Of Consolidation, Muzaffarpur And ORS

2017-10-16Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1559 of 2016 ======================================================

1. Laldeo Rai, Son of Late Sital Rai

2. Ram Pyari Devi, Wife of Late Sital Rai Both Resident of Village - Rusulpur Haria @ Khanpatti, P.S. - Mahua, District - Vaishali.

.... .... Petitioner/s

Versus

1. Joint Director of Consolidation, Muzaffarpur

2. Deputy Director of Consolidation, Vaishali at Hajipur

3. Consolidation Officer, Goraul, District - Vaishali.

4. Chandeshwar Rai

5. Sonelal Rai

6. Harendra Rai All (4 to 5) Son of Ram Charitra Rai 7A.Devendra Rai 7B.Mukti Nath Rai, Both Sons of Late Chandrika Rai

8. Mahendra Rai, Son Sita Ram Rai All (Sl. 4 to 8) Resident of Village - Pakauli, P.S,. - Karham, District - Muzaffarpur.

9. Jaimangal Rai, So of Late Jaga Rai, Resident of Village - Inayat Nagar, P.S. - Goraul, District - Vaishali.

10A.Sanjay Pandit, Son of Late Yogendra Pandit 10B.Banarsi Devi, Wife of Late Yogendra Pandit, Both Resident of Village - Kheshrahia @ Khesrahi, P.S. - Patepur, District - Vaishali.

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

For the Petitioner/s : Mr. Ratna Deep Prasad For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 16-10-2017 The present application has been filed for restoration of C.W.J.C. No. 11934 of 1997 as well as I.A. No. 6694 of 2015 which stood dismissed for non-compliance of peremptory order dated 25.08.2015 against the legal heirs of respondent nos. 7 and 10 passed by a Bench of this Court (since retired).

Patna High Court MJC No.1559 of 2016 (4) dt.16-10-2017 2/2 It is submitted by learned counsel for the petitioners that I.A. No. 6694 of 2015 has been filed for substituting the legal heirs of respondent nos. 7 and 10, wherein notices were issued to proposed heirs of respondent nos. 7 and 10 and the requisites were filed after a delay of two days. The notices filed by the petitioner may be utilized.

On the grounds mentioned in the restoration application, C.W.J.C. No. 11934 of 1997 as well as I.A. No. 6694 of 2015 is restored to its original file.

Accordingly, the present restoration application stands disposed of.

(Dinesh Kumar Singh, J) DKS/- U