IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3069 of 2008 Godhan Choubey, son of Sri Munmun Choubey, resident of Village-Babhnaul, P.S. Dawath, District-Rohtas. ---------- Petitioner. Versus 1. The State of Bihar. 2. The Director, Consolidation, Patna. 3. The Circle Officer, Dawath. 4. Akhilesh Choubey, son of Late Shyamlanand Choubey 5. Bipin Choubey, son of late Shyamla Nand Choubey. 6. Rajdeo Choubey, son of Late Shyamla Nand Choubey. 7. Bashishtha Narain Choubey, son of Late Radhika Raman Choubey. 8. Triloki Choubey, son of Late Shyamla Nand Choubey. 9. Indu Choubey, son of Late Radhika Raman Choubey, all residents of Village-Babhnaul, P.S. Dawath, District-Rohtas ------ Respondents. -------------- 4. 24.11.2009 None appears on behalf of the petitioner. Learned Assistant Counsel to Government Pleader No. 9 is present. This application has been filed for recall of the order dated 15.9.2008, passed in L.P.A. No.665 of 2008 (Godhan Choubey Versus The State of Bihar & Ors.), and to restore the appeal to its original file. We have perused the materials on record and considered the submissions of learned counsel for opposite parties. It appears to us on a perusal of the records of the connected appeal that the same was placed before the Bench on 27.8.2008 and was on his prayer adjourned for one week. It was again taken up on 5.9.2008 and was once again, on the prayer of the appellant, adjourned for one week. It was again taken up on 15.9.2008, and in view of non-appearance of learned counsel for the appellant, the appeal stood dismissed in default. It thus 2 appears to us that the matter was twice taken up earlier and was adjourned as per the request of learned counsel for the appellant. In other words, he was aware that the case would next be posted after expiry of the period for which adjournment was sought notwithstanding which he did not appear on 15.9.2008. It appears to be a case of laches and negligence. We do not inclined to recall the order. The application is accordingly dismissed. Vinay/ ( S. K. Katriar ,J. ) (Kishore K. Mandal, J.)