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Patna High CourtCWJC/10360/1997dismissed

Tej Narayan Chaudhary v. The State Of Bihar And ORS

2015-04-23Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10360 of 1997 ====================================================== Tej Narayan Chaudhary son of Parsuram Chaudhary resident of village Nagarbasti P.S. Walis Nagar, Samastipur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Joint Director, Consolidation, Muzaffarpur

3. The Deputy Director Consolidation, Vaishali at Hajipur

4. The Consolidation Officer, Bidupur, Vaishali

5. Baidya Nath Chaudhary son of Ram Sevak Chaudhary resident of village Jurawanpur Gopalpur, P.S. Bidupur Vaishali

6. Ram Janam Chaudhary son of Ram Lakhan Chaudhary resident of village + P.O. Gajipur, Vaishali .... .... Respondent/s ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 23-04-2015 Nobody appears on behalf of the petitioner.

Mr. Naresh Chandra Verma appears on behalf of respondent no.5.

From the records it appears that the writ application stood dismissed against the heirs of respondent no.6 for non compliance of the order dated 04.04.2000. No restoration application appears to have been filed. I have perused the order passed by the Deputy Director of Consolidation, Vaishali at Hajipur (appellate authority) in Appeal No. 52 of 1992 (Ram Janam Choudhary vs. Janki Devi). The appeal filed by respondent no.6 was allowed. Aggrieved thereby the respondent no.5 filed a revision which was allowed.

Patna High Court CWJC No.10360 of 1997 (7) dt.23-04-2015 2 / 2 In view of aforesaid, in absence of respondent no.6, the writ application, in my view, has become incompetent. It is accordingly dismissed.

(Kishore Kumar Mandal, J) HR/- U