Smt.Rajkali Devi And ANR v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11841 of 2005 ====================================================== 1.

Smt.Rajkali Devi wife of Sri Shankar Sah, resident of Village Phulwaria, P.S.Manairi, P.O. Kinaru, District Muzaffarpur 2.

Laushan Kumar minor son of Sri Shankar Sah under guardianship of his father of village Phulwaria, P.S. Maniari, P.O. Kinaru, District Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Member, Board of Revenue, Old Secretariate, Patna

3. The District Magistrate, Muzaffarpur

4. The D.C.L.R., West, Muzaffarpur

5. Pradeep Sah son of Late Janak Sah of village Phulwaria, P.S. Maniari, at present village Pokharia, PS.Maniari, Anchal Kurhani, District Muzaffarpur

6. Nand Kishore Sah son of Late Sakhichand Sah, resident of Village Phulwaria, P.S.Maniari, P.O. Kinaru, District Muzaffarpur .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None For the Respondent/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 22-12-2016 Despite repeated calls, none appears on behalf of the petitioners in support of the present writ petition. None appears on behalf of the respondents either, though the names of the learned counsel appearing on behalf of the parties are printed in the daily cause list.

However, on examination of the records of this case, it appears that the present writ petition stood dismissed as against the respondent no. 6 on account of non-compliance of the Court's peremptory order dated 02.02.2016 The present writ petition arises out of a proceeding under Section 16(3) of The Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act, 1961. In view of dismissal of the writ petition against respondent no.6, the matter has become incompetent and cannot proceed further.

Patna High Court CWJC No.11841 of 2005 (7) dt.22-12-2016 2/2 In above view of the matter, this Court is left with no option, but to dismiss the writ petition as a whole on the account of having become incompetent. It is, accordingly, dismissed. However, there shall be no order as to costs. (Birendra Prasad Verma, J) Tahir/- U