Shiv Shankar Yadav And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3799 of 2017 In CIVIL REVISION No.2336 of 2006 ====================================================== 1.

Shiv Shankar Yadav S/o Late Parmeshwar Yadav 2.

Sahdeo Yadav Son of Prabhu Yadav 3.

Ramcharitra Yadav Son of Prabhu Yadav 4.

Shiv Kumar Yadav Son of late Deepu Yadav 5.

Banwari Son of Gayani Yadav 6.

Baldeo Yadav Son of late Deepu Yadav 7.

Yugal Yadav Son of late Deepu Yadav Resident of Shakin Barjiyachak tola Saranchak, P.O.- Tankuppa, P.S. Wazirganj, District- Gaya.

... ... Petitioner/s

Versus

1.

The State Of Bihar through Collector, Gaya 2.

Anchal Adhikari , Wazirganj, Gaya.

3.

Gubal Devi Wife of Sumermal Jain R/o K.P. Road Ganji Shop, P.S. Kotwali, Marwari, District Gaya.

4.

Banwari Yadav Son of Gayanee Yadav R/o Village Dariachak Tola Sakarch, P.S- Wazirganj, District- Gaya.

5.

Shakoor Mian Son of Bandhu Mian 6.

Ali Jaan Mian Son of Subhani Mian 7.

Bibi Meriam Widow of Nathun Mian 8.

Muslim Mian Son of Aijaan Mian 9.

Sharuddin Mian Son of Shakoor Mian 10.

Ahmad Mian Son of Nathun Mian All are R/o Village Darziachak Tola Sakar Chatta, P.S- Wazirganj, District- Gaya 11.

Bibikaili Wife of Mohmad Subhan R/o Nawadih, P.S- Fatehpur, DistrictGaya. 12.

Taiboon Nisa Wife of Asgar R/o Village Darziachak Tola Sakarchatta, District- Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ram Babu For the Opposite Party/s :

Mr.Khurshid Alam - AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

Patna High Court MJC No.3799 of 2017(3) dt.27-02-2020 2/2 27-02-2020 Heard both sides.

The petitioners filed this petition for restoration of M.J.C. No.1513 of 2014 which was dismissed on 02.12.2015 for non-prosecution. It appears from perusal of the record that M.J.C. No.1513 of 2014 was filed for restoration of M.J.C. No.1441 of 2010 which was dismissed for non-compliance of the order dated 26.02.2014. M.J.C. No.1441 of 2010 was filed for restoration of C.R. No.2336 of 2006 which was dismissed for default on 08.02.2007. It appears that civil revision was dismissed on the ground that I.A. No.5921 of 2006 filed for condonation of delay was dismissed and consequently, the civil revision was also dismissed unless I.A. No.5921 of 2006 is restored but no such application for restoration of I.A. No.5921 of 2006 was filed.

It appears from the facts that petitioners remained casual in pursuing the case and altogether three restoration petitions one after other have already been dismissed. Having considered the facts, I do not find any merit in this restoration petition. Accordingly, the same is dismissed. (Prabhat Kumar Jha, J) Saurabh/- U