IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2864 of 2008 Ram Ratan Singh, Sanitary Inspector, Patna Municipal Corporation, resident of Mohalla Jaharipur, Opposite Transport Nagar, New Baipas, Post Office, Agamkuan, P.S. Agamkuan, District Patna. ... Petitioner. Versus 1. The State of Bihar, through the Commissioner cum Secretary, Urban Development Department, Government of Bihar, Having its office in Vikash Bhawan, P.S. Sachivalaya, District Patna. 2. The Administrator (Now Designated as Municipal Commissioner) Patna Municipal Corporation having its office in Budh Marg, P.S. Kotwali, District Patna. 3. The Dy. Administrator (Now designated as Dy. Municipal Commissioner), Patna Municipal Corporation having his office in Budh Marg, Police Station Kotwali, District Patna. 4. Sakaldeo Singh, Sanitary Inspector, Patna Municipal Corporation, son of late Ragho Singh, resident of Jalkedarbagh, Malsalami Police Station, Khajekallan, District Patna. 5. Sri Chandra Gokhul Mishra, Sanitary Inspector, Patna Municipal Corporation, Post Office G.P.O. Police Station Kotwali, District Patna. 6. Sri Kishori Mahto, Sanitary Inspector, Patna Municipal Corporation, son of Sri Niralal Mahto Jaiprakash Nagar, P.S. Jakkanpur, District Patna. 7. Sri Bali Ram Singh, Sanitary Inspector, Patna Municipal Corporation, Road No.1, Yarpur in front of Shiv Mandir, Yarpur, Kalibari Road, P.S. Gardanibagh, District Patna. 8. Sri Mani Mohan Ghose, Sanitary Inspector, Patna Municipal Corporation, resident of Mohalla Phulwarisarif, Satation Road, Railway quarter, P.S. Phulwarisarif, District Patna. 9. Shri Umesh Kumar Sanitary Inspector, C/o Sri Dwarika Singh, Duesdhi Pakari, P.O. Lohianagar, P.S. Patrakar Nagar, District Patna. 10. Sri Shyam Bihari Sinha, Sanitary Inspector, Patna Municipal Corporation, resident of Mohalla Jaiprakash Nagar, P.O. G.P.O. P.S. Jakkanpur District Patna. 2 11. Sri Satish Kumar Lal, son of Sri Maheshwar Prasad, resident of Mohalla Barkat Khan Ka Akhada, Mohalpura, Police Station Khajekallan, District Patna. 12. Sri Mauleshwar Prasad Singh, Sanitary Inspector, resident of Mohalla Purnendu Nagar, P.O. Anisabad, P.S. Phulwarisharif, District, Patna. 13. Sri Raziul Haque, son of Abdul Barkat, Sanitary Inspector, resident of Mohalla Chitti Kauri Garhi, P.O. Patna city, P.S. Khajekallan, Distrit Patna. 14. Sri Ram Dahin Paswan, Sanitary Inspector, Patna Municipal Corporation, resident of Mohalla Dusadhi Pakari, West of Gas Godwon, P.O. Lohianagar, P.S. Patrakar Nagar, District Patna. 15. Nisar Ala, son of Mohammad Moinuddin, resident of Mohalla Kadamkuan Near Patliputra Times, P.S. Kadamkuan, District Patna. ... Opposite parties. ----------- 03- 5.10.2009 None appears on behalf of the petitioner. Heard Mr. Piyush Lal, learned Assistant Counsel to Additional Advocate General No.3. This application has been filed by the petitioner of M.J.C. No.2030 of 2008, for recall of the order dated 17.9.2008, which, in its turn, has been filed for restoration of L.P.A. No.570 of 2007. The earlier restoration application was rejected. 2. We have perused the materials on record and considered the submissions of the learned Government Counsel. By order dated 19.5.2008 of the learned Lawazima Board, passed in the appeal, one week after summer vacation final time was allowed to the learned counsel for the appellant to take steps as indicated therein. Not having 3 been complied with, it was laid before the Bench on 22.7.2008. In view of non-appearance of learned counsel for the appellant, the appeal was dismissed for want of non-prosecution. Therefore, the appellant filed the said M.J.C. No.2030 of 2008. In view of non-compliance of the order of the learned Lawazima Board dated 12.9.2008, the said M.J.C. No.2030 of 2008 was placed before the Bench on 17.9.2008. The matter was called out twice on that date and, in view of non-appearance of learned counsel for the petitioner, the said M.J.C. No.2030 of 2008 stood dismissed. This is followed by the present restoration application. It was placed before the learned Lawazima Board on 3.8.2009, on which date, as prayed for by learned counsel for the petitioner, two weeks’ final time was allowed to remove the defects. Not having been complied with, the matter was placed before the Bench. It appears to us that it is a case of gross laches, negligence and acquiescence. We are not inclined to allow this application. 3. This M.J.C. application is rejected. (S K Katriar, J.) (Kishore K. Mandal, J.) S.K.Pathak/