Bhuneshwar Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2826 of 2014 ====================================================== Bhuneshwar Yadav S/O Late Bodhu Yadav R/O Village - Billo, P.S. Ramgardh Chouk, District - Lakhisarai ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Director General Of Police, Govt. Of Bihar, Patna. 3.

The Divisional Police Commissioner, Munger 4.

The District Magistrate, Lakhisarai 5.

The Superintendent Of Police, Lakhisarai 6.

The Deputy Superintendent Of Police, Lakhisarai 7.

The Officer Incharge Ramgardh Chouk, Lakhisarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vikram Jeet, Adv.

For the Respondent/s :

Mr. Satyadeo Kumar, SC-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 24-04-2019 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The appeal of the petitioner was dismissed for default. From the order sheets enclosed, it appears that the matter was heard on different dates by the Commissioner and on most of the dates the Commissioner was busy in other important work and therefore the appeal was not heard on merit and on 03.04.2013 the appeal was dismissed for default. Considering the fact that the appeal was not decided on the merit, the writ application is allowed. The matter is remitted back to the Commissioner, Munger Division to take

Patna High Court CWJC No.2826 of 2014(4) dt.24-04-2019 2/2 fresh decision on merit of the case within a maximum period of 60 days from the date of receipt/production of a copy of this order.

It is made clear that the Commissioner has to hear the appeal on its own merit and thereafter to take fresh decision instead of dismissing the appeal on default.

With the aforesaid, the present writ application is allowed and stands disposed of.

(Anil Kumar Upadhyay, J) mdrashid/- U