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Patna High CourtMJC/3640/2018allowed

The State Of Bihar And ORS v. Arbind Pandit

2020-01-08Mr. Justice Ashwani Kumar Singh,Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3640 of 2018 In Letters Patent Appeal No.427 of 2017 ====================================================== 1.

The State Of Bihar 2.

The Principal Secretary, Education Department, Vikash Bhawan, Patna. 3.

The Joint Secretary, Education Department, Vikash Bhawan, Patna. 4.

The Director, Primary Education, Govt. of Bihar, Patna. 5.

The District Education Officer, Samastipur.

6.

The District Programme officer Establishment , Samastipur. 7.

The Block Education Extension Officer, Sarairanjan, District - Samastipur. 8.

The Headmaster Upgraded Middle School, Ahmadpur, Sarairanjan, District - Samastipur.

... ... Petitioners

Versus

Arbind Pandit S/o Late Rameshwar Pandit, R/o Village- Ballo Chak Shekho Via Dalsinghsarai, P.S.- Dalsinghsarai, District- Samastipur. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Priyadarshi Matri Sharan Ac to AAG 15 For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH) 08-01-2020 Heard learned counsel for the petitioners.

This application has been filed for restoration of LPA No. 427 of 2017, which stood dismissed for non-compliance of the order dated 26.03.2018 passed by this Court. It is submitted by learned counsel for the petitioners that on 26.03.2018 four weeks time was granted to the petitioners to rectify the defects pointed out by the office failing

Patna High Court MJC No.3640 of 2018(2) dt.08-01-2020 2/2 which the appeal was ordered to be dismissed. The deponent rectified the defects on behalf of the petitioners as pointed out by the office in time, but due to inadvertence, a few minor defects could not be removed as a result of which the Letters Patent Appeal got dismissed.

Having considered the submissions made by the learned counsel for the petitioners, the application is allowed. LPA No. 427 of 2017 is directed to be restored to its original file.

The petitioners must remove the remaining defects in the Letters Patent Appeal within two weeks from today. (Ashwani Kumar Singh, J) ( Partha Sarthy, J) Pradeep/- U