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Patna High CourtCWJC/4975/2018dismiss for nonprosecution

Ramkaliya Devi v. The Patna Municipal Corporation And ORS

2024-01-23Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4975 of 2018 ====================================================== Ramkaliya Devi Wife of Late Yogendra Manjhi, Resident of Mohalla-BHawar Pokhar, P.S.-Pirbahote, District-Patna.

... ... Petitioner/s

Versus

1.

The Patna Municipal Corporation 2.

The Commissioner-Cum-Chief Executive Officer, Patna Municipal Corporation, Budha Marg, Patna.

3.

The Executive Officer, Bankipur Circle, Patna Municipal Corporation, Budha Marg, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 23-01-2024 None appears either on behalf of the petitioner or on behalf of the respondents.

2. From the order No.4 dated 09.01.2024, it transpires as follows :- "2. Learned counsel for the Patna Municipal Corporation submits that specific counter-affidavit has been filed by Patna Municipal Corporation accepting the claim of the petitioner. It has been mentioned in paragraph no. 5 that claim of the petitioner is "right, but due to application not filed in proper format and also due to shortage of document required as per dated 15.02.2019, 23.03.2019 and 09.04.2019, there is delay in the process of consideration. After the required document being supplied by the

Patna High Court CWJC No.4975 of 2018 dt.23-01-2024 2/2 petitioner, the recommendation for appointment will be done."

3. In this view of the matter, it transpires to this Court that there is no case left for the petitioner. Since no one is present for the petitioner, therefore this case is adjourned for one week. If on the next date, petitioner is not present, appropriate order shall be passed."

3. Despite, adjourning the matter for one week vide order dated 09.01.2024, the petitioner opted not to appear before this Court today also when the matter was called out. As such, this Court reached on the conclusion that the petitioner has lost interest in this case.

4. In the aforesaid circumstances, the present writ petition stands dismissed due to non-prosecution. (Dr. Anshuman, J) Ashwini/- AFR/NAFR CAV DATE NA Uploading Date 24/01/2024 Transmission Date NA