The Single Judge ordered the dismissal of a miscellaneous application seeking recall of the dismissal of a Letters Patent Appeal due to non-prosecution, citing the appellant's failure to appear and inability to justify a recitation of facts. The applicant in the MJC stated that nothing was forthcoming.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1539 of 2023 In
Letters Patent Appeal No.1347 of 2015
======================================================
... ... Petitioner/s
Versus
Baikunth Sharma Son of Late Ramashish Singh, Resident of Village- Jalalpur, P.O.- Utarsherthu, P.S.- Ghosi, District- Jehanabad.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar Sinha, AC To GA- 9 For the Opposite Party/s : Mr. Ajit Kumar, GA- 9 ======================================================
CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and
HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER
(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)
2 11-10-2023
The present MJC No. 1539 of 2023 is filed for recalling order dated 19.04.2023. This Court has recorded appearance of Mr. Abhinay Raj, Advocate for the appellantState of Bihar.
Patna High Court MJC No.1539 of 2023(2) dt.11-10-2023 2/3
have been application for rectification of the order dated 19.04.2023 to replace the name of Mr. Abhinay Raj to that of Mr. Ajit Kumar . Such application is not forthcoming, therefore, whatever the submission is made today on behalf of the Mr. Ajit Kumar is only an afterthought and the same cannot be taken note of.
On 19.04.2023 the following order was passed:-
“Learned counsel for the appellant is not prepared to address the argument. Despite, requesting to the learned counsel for the appellant to address the argument at one point of time, he says that he is prepared to argue the matter and when once the matter is taken up for hearing again he is reiterating in seeking time.
On 12.04.2023, the
following order was passed:-
“On 04.04.2023, none appears for the appellant.
In fact, this present L.P.A. was remanded by the Apex Court in Civil Appeal No. 6866 of 2021 arising out of SLP (C) No. 25259 of 2017 (The State of Bihar & Ors. Vs. Baikunth Sharma) and it was decided on 15.11.2021 while making an observation that learned counsel for the respondent is permitted to make a request to this Court for an earlier disposal considering the age of the matter from the original cause of action.
Therefore, in order to give one opportunity, re-list this matter on 19.04.2023. If, there is no representation on behalf of the appellant on the next date of hearing, present L.P.A. would be dismissed for nonprosecution.
Therefore, L.P.A. stands dismissed for non-prosecution”.
Patna High Court MJC No.1539 of 2023(2) dt.11-10-2023 3/3
19.04.2023, it is not a fit case for restoration of the LPA No. 1347 of 2015 in recalling the order dated 19.04.2023.
stands dismissed.
(P. B. Bajanthri, J)
(Arun Kumar Jha, J)
Jyoti/abhishek
U
Commissioner-cum-Secretary, Water Resources Department, Patna
Commissioner-cum-Secretary, Minor Irrigation Department, Government of Bihar, Patna
Deputy Secretary to the Government, Minor Irrigation Department, Government of Bihar, Patna
Joint Secretary to the Government, Minor Irrigation Department, Government of Bihar, Patna
Baikunth Sharma
P. B. Bajanthri
Arun Kumar Jha
As recorded by the court registry
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