IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2196 of 2010 1. The Union of India, through the General Manager, East Central Railway, Hazipur. 2. The Divisional Railway Manager, East Central Railway, Danapur. 3. The Sr. Divisional Personal Officer, East Central Railway, Danapur. 4. The Sr. Divisional Financial Manager, East Central Railway, Danapur 5. The Sr. Divisional Engineer (Co-ordination), East Central Railway, Danapur. 6. The Senior Section Engineer (P.Way), E.C. Railway, Patna …Petitioners. Versus Sita Ram, S/o Late Kripal, Ex. Track Man, Patna, Resident of Village- Babupur, P.O.Sadisopur, District-Patna. … Opposite Party. ----------- 03- 29.9.2010 Heard Mr. Devendra Kumar Sinha for the petitioners. This application has been filed by the petitioners of C.W.J.C. No.75 of 2010, for modification of the order dated 26.3.2010, whereby adjournment was granted to the writ petitioners on the condition of deposit of Rs.10,000/- (Ten thousand) with the High Court Legal Services Committee, Patna, within the time stated therein, failing which the writ petition was to stand dismissed without further reference to the Bench. On account of non-deposit of costs, the writ petition stands dismissed leading to the present application. 2. Learned counsel for the petitioners submits that the direction to deposit costs may be deleted. We are unable to accede to the submission because the writ petition was set down for final disposal on 26.3.2010, and, on account of lack of requisite factual foundation in the writ petition, the prayer made on behalf of the petitioners for adjournment to supply the 2 deficiency by filing another affidavit was granted. In other words, the matter could not be disposed of on that date although time was spent over it and adjournment was granted on the prayer made on behalf of the petitioners. Furthermore, the petitioners have burdened this Court with the extra matter by way of the present application. We consider all these to be gross abuse of the process of the Court. We see no justification at all for the present application. However, we do not think that the present petitioners be non-suited because of the peremptory order dated 26.3.2010, having taken effect. 3. We, therefore, dispose of this application with further costs of Rs.10,000/- (Ten thousand) to be deposited with the High Court Legal Services Committee, Patna within a period of four weeks, failing which this application shall stand rejected without further reference to the Bench. As a matter of extraordinary indulgence, the time granted by the order dated 26.3.2010 is hereby extended up to 28.10.2010. The order dated 26.3.2010, passed in C.W.J.C. No.75 of 2010, accordingly stands modified. (S K Katriar, J.) (Kishore K. Mandal, J.) S.K.Pathak/