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Patna High CourtMJC/406/2024allowed

Devrani Kumari v. The State Of Bihar

2024-06-28Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.406 of 2024 In Civil Writ Jurisdiction Case No.12357 of 2023 ====================================================== Devrani Kumari Wife of Sri Arun Kumar Sah Resident of Village- Mau Dhaneshpur Dakshin, Ward No.- 11, Block- Vidyapatinagar, Police StationVidyapatinagar, Sub-Division- Dalsingsarai, District- Samastipur, Pin Code848503. ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

The Collector cum District Magistrate, Samastipur. 3.

The District Programme Officer, Samastipur.

4.

The Child Development Project Officer, Block- Vidyapatinagar, DistrictSamastipur. 5.

The Lady Supervisor, I.C.D.S. Aanganbadi Centre No.- 179, Block Vidyapati Nagar, District- Samastipur.

6.

Nutan Kumari Wife of Sri Lakhinder Kumar, Resident of Village- Mau Dhaneshpur Dakshin, Block- Vidyapatinagar, Police StationVidyapatinagar, Sub-Division- Dalsingsarai, District- Samastipur, Pin Code848503. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Gyan Prakash Ojha, GA-7 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-06-2024

1. The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No.12357 of 2023, which has stood dismissed for non-prosecution vide order dated 15.01.2024.

2. The learned counsel for the petitioner submits that since the father of the petitioner was seriously ill, the petitioner could not appear before this Court on the day, the aforesaid writ

Patna High Court MJC No.406 of 2024(3) dt.28-06-2024 2/2 petition was called out for hearing, resulting in the same being dismissed for non-prosecution, hence a sympathetic view be taken and the aforesaid writ petition be restored.

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.12357 of 2023 to its original file.

4. The present petition stands allowed.

(Mohit Kumar Shah, J) Saurav/- U