Patna High CourtMJC/1873/2016allowed

The State Of Bihar And ORS v. Sadanand Singh

2017-02-22Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1873 of 2016 ======================================================

1. The State Of Bihar

2. The Chief Engineer, REO, Rural Development Department, Patna

3. The Superintending Engineer, REO, Works Circle, Bhagalpur

4. The Executive Engineer, REO, Works Division, Munger .... .... Petitioner/s

Versus

Sadanand Singh, son of Late Medni Sigh, resident of village Dharahara, P.S. Dharahara, Munger .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hari Shankar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 22-02-2017 Heard Mr. Roy appearing for the petitioners as well as Mr. Shankar Dayal Singh who has appeared on behalf of the private respondent of the writ petition.

The present application is for restoration of CWJC No. 15129 of 2005 after recall of the order dated 01.10.2015 whereby the writ petition was dismissed for want of prosecution. Learned counsel for the petitioners submits that there was no fault on the part of the writ petitioners as the counsel engaged by them had only shown his inability to argue the case which was noticed by this Court under order dated 21.08.2015. The State Government was made party respondent. He has explained the circumstance with reference to the statements made in the application which resulted in passing of the said order. It is

Patna High Court MJC No.1873 of 2016 (5) dt.22-02-2017 2/2 stated that, in the interest of justice, the present application be allowed and the writ petition be permitted to be heard on merit, particularly when the writ petition was admitted to hearing and a stay was granted.

Mr. Shankar Dayal Singh, however, opposed the prayer. Considering the facts stated in the restoration application and submissions made in support thereof, in my view, the ends of justice shall be subserved if the writ petition is restored to its original file and number by recall of the order dated 01.10.2015 subject to deposit of a cost of Rs. 500/- with the Patna High Court, legal Services Committee and filing receipt thereof within 02 weeks. I order accordingly.

(Kishore Kumar Mandal, J) HR/- U