Ashok Kumar Singh v. The Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.222 of 2024 In Civil Writ Jurisdiction Case No.15142 of 2021 ====================================================== 1.

Ashok Kumar Singh Son of Raghu Vansh Narayan Singh, resident of Village-Goraul, Police Station-Goraul in the district of Vaishali, Bihar. 2.

Mahipal Singh, Son of Lakhi Singh, resident of Village-Raithal, P.s. Raithal in the district of Uttarkashi, Uttarakhand.

3.

Jayant Hazarika, Son of Bhola Nath Keot, resident of Da, Parbatia Bezar, P.S. Tejpur inthe district of Sonitpur, Assam. 4.

Mahanth Vishwakarma, Son of Ram Darash, resident of 501 T. Gaytri Nagar, Near Radar Project Road, P.S. Kunraghat in the Gorakhpur, Uttar Pradesh.

... ... Petitioner/s

Versus

1.

The Union of India through the Principal Secretary, the Ministry of Home Affairs, Government of India, New Delhi.

2.

The Director General, Sashastra Seema Bal, East Block-V, R.K. Puram, New Delhi.

3.

The Deputy Inspector General, SSB, Sector Head Quarter, Bettiah, Bihar. 4.

The Commandant, Sashastra Seema Bal, Staff Officer (Admn.), SHQ SSB, Bettiah.

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

For the Petitioner/s :

Mr.Navin Sharma, Adv.

For the UOI :

Ms. Punam Kumari Singh, CGC to UOI Mr. Shashank Shekhar, Asst. Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-02-2024 The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No. 15142 of 2021, which has stood dismissed for non-prosecution vide order dated 4.1.2024. 2.

The learned counsel for the petitioners has submitted that since the counsel for the petitioners was engaged in another Court, he could not appear when the case was called out for

Patna High Court MJC No.222 of 2024(2) dt.09-02-2024 2/2 hearing, hence, the aforesaid writ petition was dismissed for non-prosecution, thus a sympathetic view be taken and the aforesaid writ petition be restored to its original file. 3.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioners 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 C.W.J.C. No. 15142 of 2021 to its original file.

4.

The present petition stands allowed.

(Mohit Kumar Shah, J) Ajay/- U