Lalit Narayan Mishra v. The State Of Bihar Through The Principal Secretary Road Construction Department

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.295 of 2024 In Civil Writ Jurisdiction Case No.14383 of 2021 ====================================================== Lalit Narayan Mishra son of Jagat Narayan Mishra, resident of village and P.O. Jai Nagar P.O. Brahamantoli, District - Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Road Construction Department Government of Bihar, Patna.

2.

The Chief Engineer Rural works Department Bihar, Patna. 3.

The Superintending Engineer Rural Works Department Works Division Darbhanga.

4.

The Deputy Secretary Rural Works Department Bihar, Patna. 5.

The District Magistrate, Madhubani.

6.

The Treasury Officer Madhubani.

7.

The Executive Engineer Rural works Department Works Division, Jhanjharpur Madhubani.

8.

The Account General Bihar, Patna.

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

For the Petitioner/s :

Mr.Ratnakar Jha, Advocate For the Opposite Party/s :

Mr.Rakesh Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 13-03-2024

1. The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No.14383 of 2021, which has stood dismissed for want of prosecution vide order dated 13.12.2023.

2. 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 writ petition was dismissed for

Patna High Court MJC No.295 of 2024(2) dt.13-03-2024 2/2 want of 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 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 C.W.J.C. No. 14383 of 2021 to its original file.

4. The present petition stands allowed.

(Mohit Kumar Shah, J) Saurav/- U