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Patna High Court - Orders

Sudhir Kumar vs The State Of Bihar & Ors on 30 March, 2009

            IN THE HIGH COURT OF JUDICATURE AT PATNA
                               MJC No.2032 of 2008
          Sudhir Kumar Son of Late Gupteshwar Prasad, resident of B/71
          Housing Colony Kankarbagh, P.S. Kankarbagh, District-Patna. At
          Present working as Junior Engineer (On-daily wages) Minor Irrigation
          Investigation Circle, Patna.
                                                                .......Petitioner.
                                        Versus
          1. The State of Bihar.
          2. The Secretary, Minor Irrigation Department, Govt. of Bihar, Vikash
             Bhawan, Patna.
          3. The Secretary, Road Construction Department, Govt. of Bihar, Patna.
          4. The Joint Secretary, Govt. of Bihar, Road Construction Department,
             Nirman Bhawan, Patna.
          5. The Deputy Secretary, Minor Irrigation Department, Govt. of Bihar,
             Patna.
          6. The Chief Engineer, Minor Irrigation Department, Govt. of Bihar, Patna.
          7. The Superintending Engineer, Minor Irrigation (Investigation Circle),
             Govt. of Bihar, Patna.
                                                         .....Opposite Parties.
                                       -----------


04.   30.03.2009

Heard Mr. Sudhir Kumar, the petitioner, appears in person. He seeks restoration of LPA No. 727 of 1999, which was dismissed for non-prosecution by order dated 14.12.2007.

We have heard the petitioner. Aggrieved by the order dated 11.05.1999, passed by a learned Single Judge of this Court in C.W.J.C No. 7427 of 1997 (Sudhir Kumar Vs. The State of Bihar & Ors.), the petitioner had preferred LPA No. 727 of 1999. The same was called out on 14.12.2007, and was dismissed by the following order dated 14.12.2007:

"Even on third call no one appears on behalf of the appellant. The appeal is dismissed for non- prosecution."
-2-

Sd/-

(Barin Ghosh, J.) Sd/-

(Samarendra Pratap Singh, J.) The petitioner thereafter filed MJC No. 680 of 2008, for modification of the said order dated 14.12.2007, and to restore the LPA to its original file. The same was rejected by order dated 29.07.2008, on account of failure on the part of the petitioner to remove the defects. This was followed by the present restoration application.

On a final consideration of the matter, it appears to us that a restoration application for restoration of another restoration application is not maintainable in this Court. Furthermore, the petitioner seems to invoke the jurisdiction of this court interminably, till such time the relief is granted to him. We are not inclined to entertain this application. This application is accordingly rejected.





                                                 (S.K. Katriar, J.)



Vikash/-                                      (Kishore K. Mandal, J.)