High Court Patna High Court - Orders

Aswani Kumar vs The State Of Bihar &Amp; Ors on 20 January, 2011

Patna High Court – Orders
Aswani Kumar vs The State Of Bihar &Amp; Ors on 20 January, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CWJC No.10701 of 2003
                                  ASWANI KUMAR
                                        Versus
                            THE STATE OF BIHAR & ORS
                                      -----------

5 20.01.2011 The order dated 16.07.2004 shows that this writ

petition filed as a Public Interest Litigation was admitted for

hearing and one week’s time was granted to the petitioner to

take steps for service of notice upon the respondents other

than the State of Bihar by both processes, i.e. registered and

ordinary.

Since 16th July,2004 the petitioner has not taken

any step and has not filed any requisite for the service of

notice. Strangely, the office also did not place the matter

ever since 16.07.2004 to seek further order on account of

non-filing of requisites for notice.

Considering that the writ petition purports to be a

Public Interest Litigation, interest of justice requires that the

order dated 16.07.2004 admitting the case be recalled and

the matter be heard afresh at the stage of admission itself.

We order accordingly.

Let this matter be listed for admission on 24th of

January, 2011 under the appropriate heading.
2

Let this matter be brought to the notice of the

Registrar General so that he may get an inquiry held to fix

responsibility as to why this matter was not listed for such a

long period under appropriate heading and thereafter the

persons responsible should be given stern warning to be

careful in future.

(Shiva Kirti Singh, J.)

(Dr. Ravi Ranjan, J.)
SC