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Patna High CourtCWJC/15920/2009dismissed

Bhojpur Zila Bus Owner Associa v. The Union Of India And ORS

2015-02-04Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15920 of 2009 ======================================================

1. Bhojpur Zila Bus Owner Association With Its Office At Kundan Auto Store, G.T. Road, Ara Through Secretary, Ganesh Pandey, S/O Late Bhup Narayan Pandey, R/Ovill Gyanpur, P.O.Hathmaspur, P.S. Krishnagarh, Distt- Bhojpur

2. Ravi Shankar Tiwari S/O Shri Radha Krishna Tiwari at Old Police Line, P.S. Ara Town, Distt- Bhojpur

3. Rama Shankar Tiwari S/O Late Sitaram Tiwari Old Police Line Road, P.S.Ara Town, Distt- Bhojpur

4. Vinay Shankar Tiwari S/O Late Sitaram Tiwari Old Police Line Road, P.S.Ara Town, Distt- Bhojpur

5. Narendra Prasad Rai S/O Late Bans Narain Rai At Bihiya Chaurasta,P.S. Bihiya, Distt- Bhojpur

6. Kamla Devi W/O Late Prabhunath Singh Vill Majhauha, P.S.Ara Town, Distt- Bhojpur at Present Resided At Sahara Road, Kodarma,in the State of Jharkhand

7. Surya Bans Singh S/O Late Madan Singh At &P.O. Tar, P.S. Agioan Bazar, Distt- Bhojpur .... .... Petitioner/s

Versus

1. The Union of India, through Commissioner, Govt. of India, New Delhi

2. The Chief Election Commissioner, Government of India, New Delhi

3. The Chief Election Officer, Bihar, Patna

4. The District Magistrate, Bhojpur, Ara

5. The District Magistrate Buxar .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the E.C.I. : Mr. J.P.Karn, Sr.Adv. Mr.Siddhartha Prasad For the Union of India : Smt.Kanak Verma For the State : Mr.Anjani Kumar, AAG-6 Mr.Sanjay Kumar, AC to AAG-6 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 04-02-2015 Despite repeated calls, none appears on behalf of the petitioners in support of the present writ petition. Yesterday also i.e. 03.02.2015 when the matter was called out none had appeared on behalf of the petitioners to press the present writ petition. However, by an oral order the matter was passed over for the day.

Patna High Court CWJC No.15920 of 2009 (3) dt.04-02-2015 Learned counsel appearing on behalf of the respondents jointly submit that, in fact, the present writ petition has become infructuous. According to them, all the admitted dues have been paid to the petitioners. In support of their above submissions, they have placed reliance on the averments made in the counter affidavits filed on behalf of the District Magistrates of Sheohar, Bhojpur, Buxar and Saharsa.

On examination of the records, this Court finds that the copies of the aforesaid counter affidavits were served upon the learned counsel appearing on behalf of the petitioners way back in the year 2010 or 2011, but till date the petitioners have not controverted the averments made in the aforesaid counter affidavits by filing any rejoinder affidavit and, therefore, it appears that they are satisfied with the payment of admissible dues. In the aforesaid facts and circumstances, the present writ petition is dismissed as it has become infructuous. (Birendra Prasad Verma, J) Arvind/- U