IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.239 of 2008 MD. NASIM IDRISI, son of Md. Leyaquest Idrisi, resident of Village Akbarpur, PO and PS Rohtas, District Rohtas ….Petitioner Versus 1. THE STATE OF BIHAR 2. The Special Director, Secondary Education, Bihar, Patna 3. District Education Officer, Rohtas at Sasaram 4. The Chairman, Bihar State Madarsa Education Board, Patna 5. The Secretary, Bihar State Madarsa Education Board, Patna 6. Managing Committee, Madarsa Neyazia, Akbarpur, Rohtas 7. Md. Seraj Ahmad Rizvi, son of Md. Jamaluddin, resident of Village Islampur Kocher, Police Station Domariya, District Gaya, at present working as Assistant Teacher, Madarsa Neyazia Nezaamia Akbarpur, PS Akbarpur, District Rohtas ….Respondents ----------- 02- 5.5.2010 None appears on behalf of the petitioner. Heard learned Assistant Counsel to Govt. Pleader no.10. This MJC application has been preferred by the petitioner of CWJC No.12195 of 2007 for recall of the order dated 3.1.2008, whereby the writ petition was dismissed in the absence of learned counsel for the petitioner. 2. It is stated in the present application that the writ petition was dismissed for non-prosecution. It is stated in this application that CWJC No.12195 of 2007 was disposed of on account of non-prosecution. It appears to us on a perusal of the order dated 3.12.2008, that the writ petition was dismissed in view of the order dated 3.1.2008, passed in CWJC No.8289 of 2001 (Md. Nasim Idrisi v State of Bihar). It further appears on a perusal of the order dated 3.1.2008 disposing of CWJC No.8289 of 2001 that the writ petition was disposed of undoubtedly in the 2 absence of the learned counsel for the petitioner but on merits. It is, therefore, incorrect to state that CWJC No.12195 of 2007 and CWJC No.8289 of 2001 were disposed of on account of non- prosecution. The same were really disposed of on merits. Therefore, the present restoration application is not maintainable. 3. There is yet another aspect of the matter. The petitioner of CWJC No.12195 of 2007 preferred LPA No.122 of 2008 (Md. Nasim Idrisi v State of Bihar), which was dismissed by a Division Bench of this Court for non-prosecution, by order dated 16.5.2008. Furthermore, the petitioner of CWJC No.8289 of 2001 preferred LPA No.118 of 2008 (Md. Nasim Idrisi v State of Bihar), which was dismissed by a Division Bench of this Court on 23.7.2008 on merits. It appears that the present petitioner has been extremely negligent at different stages of the litigation and seems to be absolutely frivolous. 4. This application is dismissed. ( S K Katriar ) mrl