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Patna High CourtCWJC/3564/2011disposed

Ram Chandra Prasad Sahi v. The State Of Bihar And ANR

2016-10-21Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3564 of 2011 ====================================================== Ram Chandra Prasad Sahi S/O Late Sadhu Saran Prasad Sahi, Resident of Mirzapur, Bandaur, Bishanpur, District-Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Divisional Commissioner, Munger.

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

For the Petitioner/s : None.

For the Respondent/s : Mr. Pratik Kumar Sinha, AC to GA-V ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 21-10-2016 Despite repeated calls, none appears on behalf of the petitioner in support of the present writ petition, though the name of the learned counsel appearing on his behalf is printed in the daily cause list. However, I have heard the learned AC to GA-5 appearing on behalf of the respondents.

In the present writ petition, the only prayer of the petitioner is for issuance of a direction to the respondent Divisional Commissioner, Munger to dispose of the ceiling appeals, which were remitted back to him by a co-ordinate Bench of this Court by order dated 1.3.2001 passed in C.W.J.C. No. 8441 of 2000 (Annexure-1).

Though, the present writ petition was filed on 23.2.2011, but no counter-affidavit has been filed on behalf of the respondents till date. As noticed above, none is appearing on behalf of the petitioner in support of the present writ petition. The learned State counsel is not aware as to whether the aforesaid appeals are still pending or have been disposed of. In view of the nature of the grievances/ claims raised on behalf of the petitioner, this Court is of the opinion that no useful

Patna High Court CWJC No.3564 of 2011 (4) dt.21-10-2016 2/2 purpose will be served by keeping the matter pending any longer, rather interest of justice shall be sub-served if a direction is issued to the respondent Divisional Commissioner, Munger to dispose of the appeals, mentioned in the earlier order of this Court, as contained in Annexure-1, if not already disposed of, at an early date preferably within a period of three months from the date of receipt/ production of a copy of this order by the petitioner. It is ordered accordingly.

The learned State counsel shall also communicate this order to the respondent Divisional Commissioner, Munger, so that the appeals filed on behalf of the petitioner, if not already disposed of, are disposed of within the aforesaid period of time. The writ petition stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) BTiwary/- U