Patna High CourtCWJC/15223/2005dismissed

Md.Arif And ORS v. The State Of Bihar And ORS

2016-11-22Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15223 of 2005 ======================================================

1. Md.Arif son of Late Nawaji

2. Md.Altaf son of Late Nawari

3. Md.Zibrail son of Late Nawaji

4. Md.Nazam @ Md.Nazam Ansari son of Late Lal Mohamad

5. Md.Kalam @ Md.Kalam Ansari son of Late Lal Mohamad

6. Md.Shamim Nansari @ Shamim son of Late Lal Mohamad

7. Md.Sajam Ansari @ Md.Sajam son of Late Lal Mohamad

8. Md.Akram Ansari @ Md.Akram son of Late Lal Mohamad All are residents of Mohalla Pokhar Basti, Ward No.8, Forbesganj, Town and Police Station Forbesganj, District Araria .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Sub Divisional Magistrate, Forbesganj, District Araria

3. The Anchal Adhikari, Forbesganj,District Araria

4. Rameshwar Lal Deo son of Late Mahabir Deo (Expunged vide order dated 22.01.2014 and substituted by his following heirs and legal representatives) 4(a) Sita Devi (widow) 4(b) Maheshwar Lal Deo (son)

5. Kameshwar Lal Dev son of Late Mahabair Deo (Expunged vide order dated 22.01.2014 and substituted by his following heirs and legal representatives) 5(a) Parwati Devi (widow) 5(b) Shailendra Prasad Dev (son) 5(c) Phupendra Prasad Dev (son) 5(d) Devendra Prasad Dev (son) 5(e) Sanjeev Prasad Dev (son) 5(f) Bhawani Prasad Dev (son) Respondent nos. 4(a) and 4(b) and 5(a) to 5(f) are residents of Village Bhattabari, Police station Forbesganj,District Araria ... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the Respondent Nos. 1 to 3 : Mr. Ajay Kumar Sharma, AC to PAAG-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 22-11-2016 Despite repeated calls, none appears on behalf of the petitioners to press this writ petition, though the names of the learned counsel appearing on their behalf are printed in the daily cause list.

The learned AC to PAAG-1, appearing on behalf of

Patna High Court CWJC No.15223 of 2005 (10) dt.22-11-2016 2/2 the respondent nos. 1 to 3, on the other hand, submits that, by recording concurrent findings of the facts, the original authority as also the appellate authority have rejected the claims of the petitioners raised under Section 48D of The Bihar Tenancy Act; therefore, according to him, the writ petition is fit to be dismissed. Be that as it may, since none is appearing on behalf of the petitioners, the writ petition stands dismissed for want of prosecution.

(Birendra Prasad Verma, J) Tahir/- U