Patna High CourtCWJC/10842/2017disposed

Md. Islamul Haque v. The State Of Bihar And ORS

2018-09-27Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10842 of 2017 ====================================================== Md. Islamul Haque, Son of Late Md. Abdul Rasid, Resident of MohallaMojahidpur, West P.O.- City Post Office, P.S.- Mojahidpur, DistrictBhagalpur. ... ... Petitioner/s

Versus

1. The State of Bihar through Principal Secretary, Revenue Deptt. of Bihar Government, Old Secretariat, Patna.

2. The Commissioner Division, Bhagalpur.

3. The District Magistrate-cum-Collector Bhagalpur.

4. Sub-Division Magistrate, Sadar, Bhagalpur (House Controller).

5. Md. Basim Ahmad, S/o Late Abdul Rahim, (Private Respondent), R/o Mohalla- Mojahidpur (West), P.S.- Mojahidpur, P.O.- City Post Office, District- Bhagalpur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dr. Ajay Shankar Rajoo, Adv.

For the Respondent/s :

Mr. Rishi Raj Sinha-, SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT Date : 27-09-2018 Heard learned Counsels for the petitioner and the respondent-State.

The present writ application has been filed for setting aside the order dated 20.04.2017, passed in Bhagalpur House Control Appeal No.01/2014-15, by Respondent No.2, the Divisional Commissioner, Bhagalpur, whereby the petitioner's appeal has been dismissed for non-prosecution. It is submitted by learned counsel for the petitioner that the petitioner preferred an application for restoration of the said appeal on 23.05.2017, as contained in Annexure-1, but the

Patna High Court CWJC No.10842 of 2017 dt.27-09-2018 2/2 same is still pending, hence, he prays for disposal of the restoration application.

It is submitted by Mr. Rishi Raj Sinha, learned SC-19 that if the restoration application of the petitioner has not been disposed of till date, it will be disposed of within a reasonable time frame.

Considering the confined prayer of the petitioner, it is expected from the Respondent No.2, the Divisional Commissioner, Bhagalpur to dispose of the restoration application of the petitioner dated 23.05.2017, as contained in Annexure-1, within a period of four weeks from the date of receipt/production of a copy of this order.

Accordingly, the writ application stands disposed of with the observation aforementioned.

(Dinesh Kumar Singh, J) Ashwini/- AFR/NAFR CAV DATE Uploading Date Transmission Date