IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3844 of 2009 RAM KARAN RAI Versus THE STATE OF BIHAR & ORS. ----------- 03/ 17.02.2010 Heard learned counsel for the petitioner. This petition has been filed on 02.12.2009 for restoration of CWJC no.1628 of 2000 which stood dismissed for default by this court on 01.08.2006 due to non-prosecution. This petition has been filed after more than three years of the dismissal of the writ petition in which the departmental proceeding and the orders passed therein had been challenged. It is an admitted fact that the same impugned orders have been challenged by the petitioner in an appeal before the Commissioner-cum- Secretary, Water Resources Department within the prescribed time and is still pending as is apparent from paragraph 29 of the writ petition. In the aforesaid facts and circumstances, there was no occasion for this court to continue with the writ petition as the petitioner has already availed alternative remedy prescribed in law. Furthermore, since the writ petition has not been decided on merit rather it was dismissed only for default, the said dismissal is not going to affect the outcome of the said appeal before the appellate authority. In the aforesaid facts and circumstances of the case, this court does not find any reason to recall order dated 01.08.2006 and restore CWJC no. 1628 of 2000 and accordingly, this petition is dismissed. However, dismissal of the writ petition as well as dismissal of the instant case will not affect one way or the other the appeal filed - 2 - by the petitioner, if pending before the appropriate authority. shahid (S. N. Hussain, J)