IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11551 of 1999 KAMESHWAR SINGH Versus THE STATE OF BIHAR & ORS ----------- 8. 07.01.2009 No one appears on behalf of the petitioner. Counsel for Respondent no. 9 is present. The order sheet reveals that on 4.1.2008 no one appeared on behalf of the petitioner. On 13.3.2008 adjournment was taken on behalf of the petitioner. On 13.8.2008 again learned counsel for the petitioner prayed for adjournment when this Court directed the case to go to the bottom of the list. On 11.12.2008 the matter was again adjourned on the prayer made. The order sheet reflects that the petitioner is not serious about pursuing the writ application. The petitioner seeks to question the promotion granted to the private respondents in the year 1990 in this writ application instituted on 27.11.1999 barely a month prior to his retirement on 31.1.2000. Even the representations relied upon are six years after the promotion. Third party rights have been allowed to fructify. Respondent no. 9 is stated to have retired also. Courts have repeatedly held that delay in service matters, which includes promotion, is vital especially when third party rights have been created which are belatedly sought to be questioned. The writ application is dismissed for non-prosecution. AKS/- (Navin Sinha,J.)