Katra Anchal Matsyajivi Swabla vs The State Of Bihar & Ors on 27 August, 2013

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Patna High Court - Orders

Katra Anchal Matsyajivi Swabla vs The State Of Bihar & Ors on 27 August, 2013

Bench: Birendra Prasad Verma

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.6578 of 2005
                  ======================================================
                  Katra Anchal Matsyajivi Swablambi Sahkari Samiti Ltd. Pahsaul, through
                  its Chief Executive, Siya Sharan Sahni, son of late Bahadur Sahni, resident
                  of village- Pahsaul, P.S. Katra, District Muzaffarpur.
                                                                          .... .... Petitioner/s
                                                      Versus
                  1. The State Of Bihar
                  2. Joint Registrar, Co-operative Socieities, Tirbut Division, Muzaffarpur.
                  3. District Fisheries Officer-cum- Chief Executive Officer, Muzaffarpur.
                  4. Katra Anchal Matayajivi Sahyog Samiti Ltd. Patarik, P.S. Katra,
                      District Muzaffarpur, through its Administrator, Shri Shyam Chandra
                      Singh, Cooperative Extension Officer, Muroul, District Muzaffarpur.
                  5. Anchal Adhikari, Katra Anchal, District Muzaffarpur.
                  6. Anchal Adhikari, Gayghat, Anchal, District Muzaffarpur.
                                                                         .... .... Respondent/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s      : Mr. Shafiur Rahman
                  For the Respondent/s       : Mr. Rajesh Kumar Verma, SC-27, with
                                                Mr. R.K.Sharma, AC to SC-27
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA
                  ORAL ORDER

3    27-08-2013

From perusal of the office note it appears that the present writ petition stood rejected as against contesting respondent no.4 on account of non-compliance of peremptory order dated 18.04.2006 passed by a Bench of this Court. Despite passage of more than seven years, no steps have been taken on behalf of the petitioner for restoration of the writ petition as against the contesting respondent no.4.

In absence of respondent no.4, the present matter cannot proceed and issue raised herein cannot be effectively decided by this Court. Apparently, the writ petition has become incompetent.

In the result, the writ petition has to fail and is, accordingly, dismissed.

(Birendra Prasad Verma, J) BTiwary/-

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Patna High Court - Orders