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Patna High Court

Kapildeo Mandal and AnrversusThe State Of Bihar and Ors

Decided
Disposal
D.F.D. FOR NON APPEARANCE

Holding

The appeal is dismissed for non‑prosecution.

Summary

In Letters Patent Appeal No.1980 of 2016 arising out of Civil Writ Jurisdiction Case No.15238 of 2014, the appellants Kapildeo Mandal and Bachni Devi filed an appeal against the State of Bihar and several officials. The matter was listed before a division bench of the Patna High Court. No counsel appeared on behalf of the appellants, and the appeal was not prosecuted. Consequently, the Court dismissed the appeal for non‑prosecution. No substantive merits of the dispute were addressed.

Issues considered

  • Whether the appeal should be dismissed on account of non‑prosecution by the appellants

Subjects

  • appeal dismissal
  • non‑prosecution
  • civil writ jurisdiction
  • Patna High Court
  • letters patent appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Letters Patent Appeal No.1980 of 2016
                                                       In
                               Civil Writ Jurisdiction Case No.15238 of 2014
                ======================================================
            1. Kapildeo Mandal Son of Biklal Mandal.
            2. Bachni Devi, wife of Sukhdeo Mandal. Both Residents of
                Village- Kathira, P.S.- Gopalpur, District- Bhagalpur.
                                                                                ... ... Appellants
                                                    Versus
            1. The State of Bihar through the Chief Secretary, Land Reforms, Government
                of Bihar, Patna.
            2. District Magistrate cum Collector, Bhagalpur.
            3. The D.C.L.R. Naugachia, District- Bhagalpur.
            4. The Circle Officer, Gopalpur, District- Bhagalpur.
            5. Satyadeo Sharma.
            6. Ramdeo Sharma.
            7. Shyamdeo Sharma.
            8. Nigam Sharma.
            9. Sahjanand Sharma.
            10. Anil Kumar Sharma. All (6 to 11) sons of Late Bhagwat Sharma.
            11. Binay Kumar Sharma.
            12. Mukesh Kumar. Both sons of Late Jagdish Sharma. All are residents of
                Village- Gopalpur, P.O.- Saidpur, P.S.- Gapalpur, District- Bhagalpur.
                                                                             ... ... Respondents
                ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr. Arjun Prasad
                 For the Respondent/s   :       Mr. MD.KHURSHID ALAM-AAG12
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI
                         and
                         HONOURABLE JUSTICE SMT. NILU AGRAWAL
                                       ORAL ORDER

                 (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI)

7   04-01-2018            None on behalf of the appellants on call. Matter was
                  passed over even yesterday. Counsel for the State is present.
                        Appeal is dismissed for non-prosecution.


                                        (Ajay Kumar Tripathi, J)


                                             ( Nilu Agrawal, J)
Pawan/-
U


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