IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1942 of 2011 IN Civil Writ Jurisdiction Case No. 9631 of 2004 ====================================================== Bhupesh Gupta @ Bhup Narain Shah , Secretary, Patliputra Open Spaces Shopkeeper Union, son of late Mozayaghar, resident of Patliputra Colony, P.S. Patliputra, District- Patna. .... .... Petitioner/s Versus 1. The State Of Bihar 2. The District Magistrate, Patna. 3. The Officer Incharge, Patliputra P.S., Patna-23. 4. The Secretary, Patliputra Co-operative House Construction Society Limited, Patna-13. 5. The Administrator, Patliputra Co-operative Houses Construction Society Limited, Patna-13. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Usha Rai, Adv. For the Respondent/s : ====================================================== 2 25-08-2011 Heard . The present petition has been filed by the writ petitioner seeking restoration of C.W.J.C. No. 9631 of 2004, which stood dismissed for want of prosecution by an order dated 07.04.2011. It is relevant to mention here that earlier also the aforesaid C.W.J.C. No. 9631 of 2004 was dismissed for want of prosecution by a Bench of this Court by order dated 10.12.2007, but subsequently it was restored by an order dated 24.09.2008 passed in M.J.C. No. 339 of 2008. Even on perusal of the materials available in the main writ petition, this Court finds that the petitioner is not challenging any particular order passed by any particular authority, but a direction was sought by the petitioner that the respondents may be Patna High Court MJC No.1942 of 2011 (2) dt.25-08-2011 2 2 restrained from removing the shop-keepers from the open space situate near Patliputra Golambar in the town of Patna. The writ petition was filed in the year 2004. Though matter was heard on different dates, but no interim protection was granted to the petitioner. There is no statement made on behalf of the petitioner that till date no action has been taken by the authorities for removal of the shop-keepers from the open space in question. In that view of the matter, no useful purpose would be served by restoring the main writ petition. In the aforesaid circumstances, the prayer for restoration seems to be completely misconceived. Consequently, the present petition stands dismissed. However, if the petitioner has still some valid grievances and issues raised in the main writ petition are still surviving, then he shall be at liberty to approach the appropriate authority for redressal of such valid grievances. BTiwary/- (Birendra Prasad Verma, J)