Patna High CourtMJC/88/2016dismissed

Yakub Miyan And ANR v. The State Of Bihar And ORS

2016-09-28Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.88 of 2016 In Miscellaneous Jurisdiction Case No. 2395 of 2015 In Civil Writ Jurisdiction Case No. 15143 of 2008 ======================================================

1. Yakub Miyan

2. Md. Mustak, Both sons of Late Jamal Minya and are resident of Vill- Uman Tola, Badha Dower , P.S Immamgunj- Kothi Dist.- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Joint Director of Consolidation, Magadh Division, Gaya.

3. The Consolidation Officer, Gaya.

4. The Assistant Consolidation Officer, Gaya.

5. Jagmohan Singh S/o not known R/o Vill- Uman Tola, Badha Dower P.S. Immaganj- Kothi, Dist Gaya.

6. Khairat Ahmad S/o Late Usman Khan, R/o Vill- Uman Tola, Badha Dower P.S Immaganj- Kothi, Dist Gaya.

.... .... Opposite Parties/s ====================================================== Appearance :

For the Petitioner/s : Mr. Upendra Prasad II, Advocate For the Opp.Party Nos. 1 to 4 : Mr. GP 27 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 28-09-2016 Heard the parties.

The present MJC application has been filed for restoration of MJC No. 2395 of 2015, which stood dismissed for want of prosecution by order dated 02.12.2015. Aforesaid MJC No. 2395 of 2015 was filed for restoration of CWJC No. 15143 of 2008, which also stood dismissed for want of prosecution by order dated 03.08.2015. From the facts noticed above, it is apparent that the writ petition filed on behalf of the petitioners was dismissed for default. Restoration application filed on behalf of the petitioners was also dismissed for default. In the present MJC application seeking restoration of the aforesaid restoration application, no

Patna High Court MJC No.88 of 2016 (2) dt.28-09-2016 2/2 cause muchless sufficient cause has been shown for restoration of aforesaid MJC No. 2395 of 2015. Apparently, the petitioners are very careless and casual in their approach in prosecuting their litigations.

In above view of the matter, this Court is not inclined to accede to the prayer made on behalf of the petitioners in the present MJC application.

The present MJC application thus stands dismissed. (Birendra Prasad Verma, J) Tahir/- U