IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15430 of 2011
Deo Sharan Singh Yadav
Versus
The State Of Bihar & Ors
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04/ 11.11.2011 Although this case was filed after serving two copies of
the writ petition in the office of the Advocate General, no counter
affidavit has been filed till date and in the meantime several
adjournments had been given to learned counsel for the respondents
authorities for seeking instructions and filing counter affidavit. On the
last date the case was adjourned to 08.11.2011 as a matter of last
chance with an observation that if by that date also no counter was filed
by the respondents, the court shall be constrained to presume that they
have nothing to say about the facts stated in the writ petition.
Till today no counter affidavit has been filed on behalf of
the respondents and hence this court has no option but to presume that
the facts stated in the writ petition have been impliedly accepted by the
respondents-State of Bihar and its authorities.
Issue notice to respondent no.6 under ordinary process as
well as under registered cover with A/D for which requisites etc. must be
filed by the petitioner within one week, failing which this writ petition as
against the concerned respondent shall stand dismissed without further
reference to a Bench.
During the pendency of this writ petition, the operation of
order contained in Memo No.998 dated 28.07.2011 (Annexure-13) passed
by the Sub-Divisional Officer , Nimchak Bathani (Gaya) shall remain
stayed.
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Put up this case under the heading ‘Admission’ in regular
course immediately after receipt of the service report.
Harish (S.N. Hussain, J.)