Patna High CourtCWJC/14682/2010dfd for non appearance

Rupa Devi v. The State Of Bihar And ORS

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.14682 of 2010 ====================================================== Rupa Devi W/O Sri Abhiram Prasad Shastri, R/O at P.O.- Menijohara, P.S.- Goh, Distt.- Aurangabad .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Secretary Panchayati Raj Department, Govt. of Bihar, Patna

3. The Director, Panchayati Raj Department Govt. of Bihar, Patna

4. The Commissioner, Magadh Division, Gaya

5. The District Magistrate, Aurangabad

6. The District Panchayati Raj Officer, Aurangabad

7. The Deputy Development Commissioner-Cum-Chief Executive Officer Zila Parisad, Aurangabad, Distt.- Aurangabad

8. The Sub Divisional Officer, Aurangabad

9. Renu Devi W/O Pankaj Kumar Vill.- Sihari, P.S.- Hanspura, Distt.- Aurangabad

10. Raghwendra Pratap S/O Late Jugal Singh Vill.- Kuinwan, P.S.- Aurangabad, Distt.- Aurangabad

11. Pankaj Kumar S/O Shri Deo Lal Ram Vill.- Sigri, P.S.- Haspura, Distt.- Aurangabad .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None. For the Respondent No.1 to 8 : Mr. Harish Kumar, G.P. 32 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 02-04-2015 Despite repeated calls, none appears on behalf of the petitioner in support of the present writ petition. Learned G.P.-32 appearing on behalf of the official respondents submits that the present writ petition has been filed against the notice dated 19.08.2010 (Annexure-10) issued under the signature of Deputy Secretary, Department of Panchayati Raj, Government of Bihar, Patna, calling upon the petitioner to furnish her explanation within 15 days, failing which legal action shall be taken against her in terms of Section 70(5) of The Bihar Panchayat Raj Act, 2006, as amended. According to him, the writ petition against the show cause notice is not maintainable. The petitioner could have furnished her explanation and only thereafter when

Patna High Court CWJC No.14682 of 2010 (3) dt.02-04-2015 2/2 legal action was taken, then she could have approached the appropriate forum/court for grant of appropriate relief, but that has not been done in the present case.

Be that as it may, since none is appearing on behalf of the petitioner, the writ petition stands dismissed for want of prosecution.

The interim order of stay dated 07.09.2010 passed by a Bench of this Court stands vacated.

(Birendra Prasad Verma, J) BTiwary/- U