STATE OF BIHAR Vs. PARBATI DEVI

JUDGEMENT

(1.) No one appears on behalf of the appellant. Mr. K.N. Choubey, the learned senior has appeared on behalf of the contesting respondents.

(2.) The learned senior counsel has pointed out that I.A.No. 3412 of 2012 has been filed on behalf of the contesting respondents wherein it has been stated that during the pendency of this appeal, the appellant-State of Bihar initiated a proceeding under the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus) Act,1961 against the respondents with regard to the suit land and in that proceeding after allowing 217 acres of land for six units of the respondents, the remaining area had been acquired. The leaned counsel has thus urged that this appeal has now become infructuous and must be dismissed, as such.

(3.) It appears that the copy of this interlocutory application has been served on the learned counsel for the appellant on 9.05.2012 itself. However, no counter affidavit denying the averments made in the interlocutory application has been filed. As no body has appeared to press this appeal, the same is dismissed for want of prosecution.