IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27171 of 2009 SHIV SHANKAR SINGH, SON OF LATE MAHESHWARI PRASAD SINGH, RESIDENT OF MOHALLA NEW AREA BISAR TALAB ROAD, P.S. CIVIL LINE, DISTRICT GAYA.-- PETITIONER Versus 1. THE STATE OF BIHAR 2. SYED KAISER ALSM, SON OF JAFFAR ALAM RESIDENT OF MOHALLA NAGMATIA AT PRESENT HEENA ENTERPRISES GAS AGENCY, NOOR COMPLEX, P.S. CIVIL LINE, DISTRICT GAYA. – OPPOSITE PARTIES ----------- 2 23.12.2009 The petitioner has challenged the order dated 25.4.2009 passed by the Sub divisional Magistrate, Sadar Gaya in Miscellaneous Case No. 607/2009 on the ground that the Court has pre-empted the date of hearing and passed an order without hearing the petitioner. On perusal of the order sheet and the records which are attached to this application it appears that the date was fixed on 7.5.2009. An application was filed by the first party to pre-empt the date as the matter was urgent since it involves services to the general public at large, as the petitioner owned a gas agency and supplied gas cylinders to the general public. Notice was issued to the petitioner and the petitioner appeared on such notice and made a written prayer that the date should not be preponed. The prayer was rejected. Thereafter when the matter was taken up on the date fixed by the Court, the petitioner did not choose to appear. In my opinion, it cannot be said that the petitioner did not have notice of the date and the order was passed behind his back ex-parte. I find no merit in this application. It is therefore, dismissed. Sanjay (Sheema Ali Khan, J.)