Haribansh Singh And ORS v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2851 of 2017 In Civil Writ Jurisdiction Case No.2464 of 2008 ====================================================== 1.

Haribansh Singh, Son of Late Ram Dayal Singh, 2.

Shri Kant Singh, 3.

Shashi Kant Singh, Both sons of Haribansh Singh, All residents of Village- Babhani, P.S.- Kargahar, District- Rohtas.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Joint Director, Consolidation, Bihar, Patna. 3.

The Consolidation Officer, Kargahar, District- Rohtas. 4.

Rameshwar Tiwary, Son of Late Deoki Tiwary, 5.

Most. Kabilasho Kuer, Wife of Deoki Tiwary, Both resident of VillageBabhani, P.S.- Kargahat, District- Rohtas. 6.

Smt. Babuli Devi, Wife of Achaibar Tiwary, Resident of Village- Deo Khaira, P.S.- Kargahar, District- Rohtas.

7.

Smt. Suruj Devi, Wife of Rajendra Pandey, Resident of Village- Basantpur, P.S.- Kargahar, District- Rohtas.

8.

Smt. Inari Devi, Wife of Ram Ekbal Dubey, Resident of Village- Auraiya, P.S.- Sheosagar, District- Rohtas.

9.

Smt. Narbali Devi, Wife of Surendra Pathak, Resident of Village- Bhaluni, P.S.- Kargahar, District- Rohtas, Opposite Parties nos. 6 to 9 are Daughters of Late Deoki Tiwary.

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

For the Petitioner/s :

Mr. Chakravarti Singh, Advocate For the Opposite Party/s :

Mr. Khurshid Alam - AAG 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 20-01-2025 This application has been filed for restoration of C.W.J.C. No. 2464 of 2008 to its original file and number which was dismissed for default on 21.08.2015 passed by a co-ordinate Bench of this Court.

Patna High Court MJC No.2851 of 2017(5) dt.20-01-2025 2/2

2. Learned counsel for the petitioners submits that on 14.08.2015, the petitioner had gone to Delhi for treatment of his wife and for that purpose, he was in Delhi till 28.02.2015. As such, he could not appear before this Court at the time of passing of the order. There is no fault on behalf of the petitioner.

3. Having regard to explanation furnished in the application and the submissions made in support thereof, this Court finds sufficient grounds for allowing the restoration application.

4. Let C.W.J.C. No. 2464 of 2008 be restored to its original file and number.

5. The instant restoration application stands allowed. (Khatim Reza, J) premchand/- U