IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1149 of 2008 PATNA BRANCH ACCOUNTANT.GENERAL.OFFICE HOUSING CO-OPERATIVE SOCIETY,LIMITED, PATNA THROUGH ITS SECRETARY, AWADHESH PRASAD SINGH, SON OF LATE RAM AKBAL PRASAD, RESIDENT DOF MOHALLA-A.G. COLONY, SHEIKHPURA(HOUSING No.4/443) POLICE STATION-SHASTRI NAGAR, DISTRICT-PATNA---PETITIONER Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, DEPARTMENT OF REVENUE AND LAND REFORMS, GOVERNMENT OF BIHAR, OLD SECRETARIATE, BUILDING, PATNA. 3. THE JOINT SECRETARY,DEPARTMENT OF REVENUE AND REFORMS(LAND ACQUISITION BRANCH), GOVERNMENT OF BIHAR, OLD SECRETARIAT-BUILDING, PATNA 4. THE COLLECTOR, PATNA 5. THE LAND ACQUISITION OFFICER, PATNA. 6. (A) SMIT VYASI DEVI, WIDOW OF LATE GANU SINGH,(EX- ALM,LAW AND ORDER, PATNA). (B) SRI BHARESH KUMAR © SRI NAGESH KUMAR (D) SRI RATNESH KUMAR,ALL SONS OF LATE GYANU SINGH, ALL RESIDENT AT MOHALLA A.G. COLONY,, SHEIKHPURA, P.S. SHASTRINAGAR, DISTRICT-PATNA 7.SRI RAMAKANT DUBEY.(EX-DEPUTY SECRETARY, FINANCE(BUREAU OF PUBLIC ENTERPRIZE, SON OF SHRI B.K. DUBEY, RESIDENT OF MOHALLA-SRI KRISHNA PURI, POLICE STATION SRI KRISHNAPUR, DISTRICT-PATNA. 8.SHRI RAM SAKAL SINGH, ( EX-SECRETARY TO COMMISSIONER, PATNA DIVISION, PATNA) SON OF KUNJ BIHARI SINGH RESIDENT OF VILLAGE AND POST OFFICE-AMAON, POLICE STATION CHAINPUR, DISTRICT BHABUA(ROHTAS), PRESENTLY RESIDENT OF BUDHA COLONY, PATNA-800001 9.SMT. MEERA SINGH, DAUGHTER OF SRI RAM SAKAL SINGH AND WIFE OF SHRI ANIL KUMAR SINGH, RESIDENT OF VILLAGE LASHKARI CHAK, POLICE STATION FATUHA, DISTRICT PATNA AT PRESENT GLIPOPSES MEERA PRODUCES, BUDHA COLONY, PATNA. 10. SHRI RAM BINOD SINGH, SON OF LATE RAM LILA SINGH, ( EX- ADDITIONAL DISTRICT LAND ACQUISITION OFFICER, PATNA) PRESENTLY RESIDING AT MOHALLA SHASTRI NAGAR, POLICE STATION SHASTRI NAGAR, PATNA TOWN, AND DISTRICT PATNA. 11. SHRI RAMCHANDRA THAKUR, SON OF LATE JANJIWAN THAKUR RESIDENT OF VILLAGE RATANPUR, POLICE STATION JALE, DISTRICT DARBHANGA, 12. SMT. GITA DEVI, WIFE OF SHRI BHAVESH KUMAR, RESIDENT OF NEW PUNAICHAK, P.S. SHASTRINAGAR, PATNA. 13. SHRI S.N.DUBEY, ( EXT-D.M. SASARAM) (ROHTAS) EX- COMMISSIONER, SANTHAL PARGANS, DUMKA, SON OF LATE RAM NARESH DUBEY, RESIDENT OF MOHALLA PATLIPUTRA, COLONY, - 2 - POLICE STATION PATLIPUTRA, PATNA TOWN AND DISTRICT PATNA. 14.(A) SMT. TARIT BARANI DEVI, WIDOW OF LATE RAJESHWAR PRASAD SINGH, (B) SHRI ASHISH KUMAR SINGH © SHRI SHISHIR KUMAR SINGH BOTH SONS OF LATE RAJESHWAR PRASAD SINGH, (D)AMT. ASHA SINGH, DAUGHTER OF LATE RAJESHWAR PD. SINGH (E) SMT. SANDHYA DEVI, DAUGHTER OF LATE RAJESHWAR PRASAD SINGH, (F) SMT. ANJU DEVI, DAUGHTER OF LATE RAJESHWAR PD. SINGH, (G) SMT. B.KUMARI SINGH, DAUGHTER OF LATE RAJESHWAR PRASAD SINGH, ALL RESIDENT OF MOHALLA SHEIKHPURA, SOUTH TOLA, BAILEY ROAD, POST OFFICE B.V. COLLEGE, PATNA-800001 15. SHRI JAGESHWAR PRASAD SINGH 16 SHRI AJY SINGH, BOTH SONS OF PRATAP SINGH ( EX PRICE RECORDER, KRISH UTPADAN) RESIDENT OF MOHALLA SHIKHPURA, SOUTH TOLA, BAILEY ROAD, POST OFFICE-BIHAR VETANARY COLLEGE-PATNA800001------RESPONDENTS For the Petitioner:-Mr.Rabindra Prasad Singh,Advocate Reg.:-I.A. No.5677 of 2008 4 29.01.2009 This application has been filed for condoning the delay in filing MJC No. 1149 of 2008. The MJC was filed for restoration of Civil Review No. 245 of 2005. In Civil Review No. 245 of 2005 an application was filed to condone the delay in filing the Civil Review application. When the said limitation petition was placed for consideration on 26.7.2006 no body appeared to press the limitation petition and ultimately same was dismissed. Consequently the review application was also dismissed. This application has been filed on - 3 - 6.5.2008 for restoration of the aforesaid Civil Review No. 245 of 2005 dismissed as back as on 26.7.2006. For condoning the delay in filing the application it has been averred by the petitioner that on 26.7.2006 the Counsel for the petitioner was ill and therefore no body appeared in the Civil Review application. Another ground is that the case was not marked by the Advocate’s Clerk, hence the Counsel did not had the knowledge of the case and he could know about the same only when he filed inspection slip on 24.1.2008 that Civil Review application was dismissed on 26.7.2006. We have heard Mr. Rabindra Prasad Singh, for the petitioner. We are satisfied that the cause shown is not sufficient to condone the delay in filing the application. In case the Counsel was sick on 26.7.2006 nothing prevented him to inquire about the fate of the case within reasonable time thereafter. The plea that Advocate’s Clerk did not mark the list and therefore the Counsel did not appear, does not appeal to me. In this - 4 - situation when the Civil Review application was filed on 1.12.2005, it was expected from the Counsel to inquire about the fate of the case. Apparently he did not do so. We are of the opinion that the cause shown by the petitioner is not sufficient to condone the delay in filing the application. Application stands dismissed. Consequently MJC application also stands dismissed. (Chandramauli Kr.Prasad,ACJ.) (Shyam Kishore Sharma,J.) A.Kumar