Veda Nand Arya And ORS v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12425 of 2012 ======================================================
1. Veda Nand Arya
2. Shok Arya @ Ashok Kumar Arya
3. Arun Kumar Arya All Sons Of Newajilal Arya @ Nauwat Lal Sah, Resident Of Village Bashaithi, P.S. Baushi Basaithi (Raniganj), District Araria .... .... Petitioner/s
Versus
1. The State Of Bihar through Principal Secretary, Land Reform and Revenue Department Government of Bihar, Patna
2. The Sub Divisional Officer, Araria
3. The Circle Officer, Raniganj, Araria
4. Mosmat Johra Khatoon Wife Of Late Nijamuddin Resident Of Village Bashaithi, P.S. Baushi-Bashaithi (Raniganj), District Araria
5. Jahangir Ansari Son Of Late Niyaj Resident Of Village Bashaithi, P.S. Baushi-Bashaithi (Raniganj), District Araria
6. Meraj Ansari Son Of Late Niyaj Resident Of Village Bashaithi, P.S. Baushi-Bashaithi (Raniganj), District Araria
7. Bibi Akhtari Khatoon Daughter Of Late Niyaj Resident Of Village Bashaithi, P.S. Baushi-Bashaithi (Raniganj), District Araria
8. Bibi Anwari Khatoon Daughter Of Late Niyaj Resident Of Village Bashaithi, P.S. Baushi-Bashaithi (Raniganj), District Araria
9. Mushlim Ansari Son Of Late Mahmmad Ansari Resident Of Village Bashaithi, P.S. Baushi-Bashaithi (Raniganj), District Araria
10. Mumtaj Ansari Son Of Late Taslim Ansari Resident Of Village Bashaithi, P.S. Baushi-Bashaithi (Raniganj), District Araria
11. Bibi Noor Jahan Daughter Of Late Taslim Ansari Resident Of Village Bashaithi, P.S. Baushi-Bashaithi (Raniganj), District Araria
12. Gulam Ansari Son Of Late Taslim Ansari Resident Of Village Bashaithi, P.S. Baushi-Bashaithi (Raniganj), District Araria
13. Bibi Khaitoon Nishan Daughter Of Late Hazi Basir Resident Of Village Bashaithi, P.S. Baushi-Bashaithi (Raniganj), District Araria
14. Bibi Jaitoon Nishan Daughter Of Late Hazi Basir Resident Of Village Bashaithi, P.S. Baushi-Bashaithi (Raniganj), District Araria
15. Bibi Jalsoon Snshan Daughter Of Late Hazi Basir Resident Of Village Bashaithi, P.S. Baushi-Bashaithi (Raniganj), District Araria
16. Bibi Shakila Daughter Of Late Hazi Basir Resident Of Village Bashaithi, P.S. Baushi-Bashaithi (Raniganj), District Araria
17. Balal Ansari Son Of Late Mauli Ansari Resident Of Village Bashaithi, P.S. Baushi-Bashaithi (Raniganj), District Araria
18. Bibi Sairun Nishan Daughter Of Late Mauli Ansari Resident Of Village Bashaithi, P.S. Baushi-Bashaithi (Raniganj), District Araria
19. Ashok Prasad Bhagat Son Of Late Siyaram Bhagat Resident Of Village Bashaithi, P.S. Baushi (Raniganj) District Araria
20. Basudeo Pd. Mandal S/O Late Kalaroo Mandal Secretary Primary School Education Committee, Basaithi, P.S. Basaithi, District- Araria .... .... Respondent/s ======================================================
Patna High Court CWJC No.12425 of 2012 (5) dt.30-08-2016 Appearance :
For the Petitioner/s : None. For the Respondent nos.1to3 : Mr. Sunil Kr. Mandal, SC-3 Mr.Bipin Kumar, AC to SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 30-08-2016 Despite repeated calls, none appears on behalf of the petitioners in support of the present writ petition, though the names of the learned counsel appearing on their behalf are printed in the daily cause list.
The learned State counsel appearing on behalf of the respondent nos.1 to 3, by looking into the records of the present case, submits that the present writ petition stood dismissed against all the contesting respondent nos.4 to 20 on account of noncompliance of the Court's peremptory order dated 24.08.2012, as a result of which the writ petition has become incompetent and cannot proceed further.
In view of the office note dated 22.08.2016, the submissions made by the learned State counsel appear to be correct, as the writ petition has stood dismissed against the contesting respondent nos.4 to 20 on account of non-compliance of the Court's peremptory order dated 24.08.2012. Despite passage of more than four years, no steps have been taken by the petitioners for restoration of the writ petition against the aforesaid respondents.
In above view of the matter, this Court is of the opinion that no useful purpose shall be served by keeping the present writ petition pending any longer, as the reliefs prayed for on behalf of the petitioners cannot be granted to him in absence of the respondent nos.4 to 20.
Consequently, the writ petition as a whole has to fail
Patna High Court CWJC No.12425 of 2012 (5) dt.30-08-2016 and is, accordingly, dismissed, but without costs. (Birendra Prasad Verma, J) Arvind/- U