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Patna High CourtMJC/1/2023allowed

Dr. Arvind Kumar Sinha v. The State Of Bihar,

2023-05-10Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1 of 2023 In Civil Writ Jurisdiction Case No.1615 of 2022 ====================================================== Dr. Arvind Kumar Sinha Son of Late- Ramji Prasad, Resident of- Nohta, Station Road, East Surya Mill, Fatuha, PO and PS- Fatuha, District- Patna, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar, Through Principal Secretary, Rural Work Department, Bihar Patna.

2.

District Magistrate, Nalanda at Bihar Sharif. 3.

The Executive Engineer, Rural Work Department, Work Division Hilsa, Nalanda.

4.

The Circle Officer, Parwalpur, Nalanda.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Kant Kumar, Advocate For the Opposite Party/s :

Mr.Kumar Alok (Sc7) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-05-2023 The present petition has been filed for restoration of a writ petition bearing CWJC No.1615 of 2022, which has stood dismissed on account of non-prosecution, vide order dated 14.12.2022.

The learned counsel for the petitioner has submitted that since the counsel for the petitioner was engaged in another Court, he could not appear when the case was called out for hearing, hence, the aforesaid petition was dismissed on account of non- prosecution, hence a sympathetic view be taken and the aforesaid writ petition be restored to its original file. Having regard to the facts and circumstances of the

Patna High Court MJC No.1 of 2023(2) dt.10-05-2023 2/2 case, considering the submissions made by the learned counsel for the petitioner as also considering the averments made in the present petition, I deem it fit and appropriate to direct for restoration of the aforesaid writ petition bearing CWJC No.1615 of 2022 to its original file.

The present petition stands allowed.

(Mohit Kumar Shah, J) kanchan/Saurav U