Ratneshwar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No 1576 of 2012 In Civil Writ Jurisdiction Case No 10109 of 2012 ====================================================== Ratneshwar Prasad Son Of Late Ramji Prasad Resident Of VillagePranawa Bigha, P.O.- Gopalbad, P.S.- Sarmera, District- Nalanda .... .... Appellant/s

Versus

1. The State Of Bihar through Principal Secretary Education Department, Govt. Of Bihar, Patna

2. The Principal Secretary, Education Department, Government of Bihar, Patna

3. The District Magistrate, Nalanda at Biharsharif

4. The District Education Officer, Sarmera, Nalanda, Biharsharif

5. The Block Education Officer, Sarmera, Nalanda, Biharsharif

6. The S.D.O. Sarmera, Nalanda, Biharsharif .... .... Respondent/s ====================================================== For the Appellant/s : N o n e For the Respondent/s : Mr Mritunjay Kumar, AC to GP 12 ====================================================== CORAM: HON'BLE MR JUSTICE NAVANITI PRASAD SINGH And HON'BLE JUSTICE SMT NILU AGRAWAL ORAL ORDER (Per: HONOURABLE MR JUSTICE NAVANITI PRASAD SINGH) 06-09-2016 By order dated 27.11.2015, we had directed the learned counsel for the appellant to file affidavit stating whether pursuant to the selection process undertaken, in which the appellant had applied, has the selection process been completed or not? That would have been relevant inasmuch as if the process has been completed then in absence of prayer of setting aside the appointment so made, the Letters Patent Appeal could not have been entertained. The matter was then taken up on 01.09.2016

Patna High Court LPA No.1576 of 2012 (4) dt.06-09-2016 2/2 when neither affidavit was filed nor any one was present on behalf of the appellant to press the appeal. Today also, no one is present on behalf of the appellant.

In such a situation, we are left with no option but to dismiss the appeal for non-prosecution.

(Navaniti Prasad Singh, J) (Nilu Agrawal, J) U M.E.H./-