Patna High CourtCWJC/2153/2007dfd for non appearance

Hari Lal Yadav v. The State Of Bihar And ORS

2016-07-29Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.2153 of 2007 ====================================================== Hari Lal Yadav son of Late Chunni Lal Yadav, resident of village- Bajraha Dirah, Post Office- Baraitha, Via Pothia, P.S. Dhamdaha, District Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar

2. The Collector, Purnea, P.S. and Distt. Purnea.

3. The Additional Collector Land Ceiling Purnea, P.S. and District Purnea.

4. The Sub-Diisional Magistrate Dhamdaha, Purnea.

5. The Block Development Officer, Dhamdaha Block, P.S. Dhamdaha, District Purnea.

6. Prakash Baitha son of Late Chunni Baitha, resident of village Bajraha Derah, P.O. Baraitha P.S. Dhamdaha, District- Purnea.

7. Ganga Nath Chaudhary son of Late Baijnath Chaudhary (expunged vide order dated 25.09.2014 and substituted by his following heirs and legal representatives: ) 7(i) Bhavanath Chaudhary son of late Ganga Nath Chaudhary. 7(ii) Damru Chaudhary son of late Ganga Nath Chaudhary 7(iii) Bijendra Chaudhary son of late Ganga Nath Chaudhary, all residents of village- Baraitha, P.S. Falka (Korha) District Katihar. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : None. For the Respondent No.1 to 5 : Mrs. Kumari Amrita, G.P. 3 Mr. Mirtyunjay Kumar, AC to G.P. 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 29-07-2016 Despite repeated calls, none appears on behalf of the petitioner in support of the present writ petition, though the names of the learned counsel appearing on his behalf are printed in the daily cause list.

The learned G.P. 3 appearing on behalf of the respondent nos. 1 to 5, on the other hand, submits that in the present proceeding the petitioner has challenged the validity of the notification issued on 1.10.1976 i.e. after delay of 31 years, as the writ petition was filed on 19.02.2007. According to her, in the meantime third party right has also been created with respect to the lands in question. Therefore, it is pleaded that on these grounds

Patna High Court CWJC No.2153 of 2007 (7) dt.29-07-2016 2/2 the writ petition is liable to be dismissed.

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

(Birendra Prasad Verma, J) BTiwary/- U