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Patna High CourtMJC/185/2023allowed

Raj Kumari Devi v. The State Of Bihar

2023-04-12Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.185 of 2023 In Civil Writ Jurisdiction Case No.22446 of 2014 ====================================================== Raj Kumari Devi Wife of Asim Kumar @ Asim Mahto, Resident of VillageParihara, Police Station- Bakhari, District- Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar through Secretary Social Welfare Department, Govt. of Bihar, Patna.

2.

The Director, Social Welfare Department, Indira Bhawan 2nd Floor, Ram Charitar Path, Patna- 1.

3.

The Divisional Commissioner, Munger.

4.

The District Magistrate-cum-Collector, Begusarai. 5.

The District Welfare Officer, Begusarai.

6.

The District Pogramme Officer, Begusarai.

7.

The Child Development Project Officer, Bakhari, District- Begusarai. 8.

The Mukhiya Gram Panchayat Parihara, In Block- Bakhari, DistrictBegusarai. 9.

Lata Kumari Wife of Dharmendra Kumar, Resident of Village and P.O. - Parihara, Police Station - Bakhari, District- Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek For the Opposite Party/s :

Mr.Gyan Prakash Ojha (Ga 7) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-04-2023 The present petition has been filed for restoration of a writ petition bearing CWJC No. 22446 of 2014, which has stood dismissed for want of prosecution, by an order dated 12.12.2022.

The learned counsel for the petitioner has submitted that since the learned counsel for the petitioner was ill on the day the aforesaid writ petition was taken up for hearing, the

Patna High Court MJC No.185 of 2023(2) dt.12-04-2023 2/2 learned counsel could not appear resulting in the aforesaid writ petition being dismissed for want of prosecution. Nonetheless, it is submitted that 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 proper to direct for restoration of the aforesaid writ petition bearing CWJC No. 22446 of 2014 to its original file.

The present restoration petition stands allowed. (Mohit Kumar Shah, J) Ajay/- U