Gyanendra Kumar @ Laxuman Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.77 of 2023 In Civil Writ Jurisdiction Case No.13220 of 2021 ====================================================== Gyanendra Kumar @ Laxuman Rai Son of Briksh Singh resident of VillageChawari, P.O. and P.S.- Kochas, District- Kaimur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Collector, Rohtas at Sasaram 2.

The Sudhir Ranjan Ra Son of Bikrama Rai Resident of Village- Chawari, P.O. and P.S.- Kochas, District- Rohtas.

3.

Most. Dhanpurna Kuer Widow of Late Ram Vyash Rai Resident of VillageChawari, P.O. and P.S.- Kochas, District- Rohtas. 4.

Kusum Devi D/o Late Ram Vyash Rai and Wife of Kamla Singh Resident of Village- Chawari, P.O. and P.S.- Kochas, District- Rohtas., at presently resident of Village- Samhuta, P.S.- Mohania, District- Kaimur. 5.

Ram Pratap Singh Son of Late Hridya Narayan Singh Resident of VillageChawari, P.O. and P.S.- Kochas, District- Rohtas., at presently resident of Village- Marah, P.O.- Sayadraja, Distt- Chandouli (U.P.). ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akhouri Vipin Bihari Shrivastava, Advocate For the Opposite Party/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== 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.13220 of 2021, which has stood dismissed on account of non-compliance of the peremptory order dated 24.11.2022.

The learned counsel for the petitioner has submitted that on account of certain personal difficulties, the requisites for issuance of notice to the opposite parties no. 2 to 5 were filed after some delay, i.e. on 22.12.2022, hence the aforesaid writ

Patna High Court MJC No.77 of 2023(2) dt.10-05-2023 2/2 petition was dismissed for default. The learned counsel for the petitioner has further submitted that since the aforesaid order dated 24.11.2022 has already stood complied with, 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 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.13220 of 2021 to its original file, subject to verification by the registry as to whether the aforesaid order dated 24.11.2022 has stood complied with or not.

The present petition stands allowed.

(Mohit Kumar Shah, J) kanchan/Saurav U