IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2363 of 2006 RAJENDRA SAH Versus STATE OF BIHAR & ORS ----------- 3. 6.8.2008. Heard learned counsel for the petitioner. This petition has been filed for restoration of L.P.A. No. 404 of 2005 which was dismissed for default on 17.5.2005 when no one appeared on behalf of the appellant to press the said Letters Patent Appeal. Although the said L.P.A. was dismissed on 17.5.2005 but this MJC case has been filed after about 16 months on 10.10.2006 without giving any plausible reason for such a long delay. The aforesaid LPA was filed by the petitioner challenging the order dated 14.2.2005 passed in C.W.J.C. No. 6890 of 2004 by which the said writ petition filed by the petitioner was dismissed by the Hon’ble Single Judge on the ground that the petitioner was claiming the right of pre-emption but the transferees themselves being the co-sharers and adjacent raiyats of vended lands, the petitioner legally had no right to pre-empt. This view is based on the settled principles of law and hence there appears to be no illegality in the said order of the Hon’ble Single - 2 - Judge and the Letters Patent Appeal was absolutely a frivolous exercise. Thus we find no occasion for reviving a frivolous L.P.A. In the said facts and circumstances, this MJC case is dismissed. kanchan (S. N. Hussain, J.) (Ghanshyam Prasad, J.)