Patna High CourtMJC/3769/2016allowed

The State Of Bihar And ORS v. Chandra Shekhar Singh And ANR

2017-04-26Mr. Justice Kishore K. Mandal,Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 3769 of 2016 Arising out of Letters Patent Appeal No. 869 of 2015 ======================================================

1. The State of Bihar.

2. The Chief Secretary, Govt. of Bihar, Patna.

3. The Collector-cum-District Magistrate, District - Jamui.

4. The Executive Engineer, Division I, Dept. of REO, Jhajha, District - Jamui.

5. The Executive Engineer, Division II, Dept. of REO, Jhajha, District - Jamui.

6. The Assistant Engineer, Dept. of REO, Jhajha, District - Jamui. ----- Respondents/Appellants/Petitioners

Versus

1. Chandra Shekhar Singh, S/o Late Panna Singh, Resident of Village - Maheshwari, P.S.- Sono, District - Jamui.

----- Petitioner/Respondent Ist Set/Opp. Party Ist Set

2. Shri Nitish Kumar, Contractor. S/o Late Anil Prasad Singh, Resident of Village - Machiyar (Girish Talkies) Jamui, P.S.- Jamui, District - Jamui. -----Respondent No.7/Respondent 2nd set/Opp.Party IInd Set ====================================================== Appearance :

For the Petitioner/s :

Mr.

For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL and HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER (Per: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL) 26-04-2017 Heard the counsel for the petitioners.

Re.: Interlocutory Application No. 1265 of 2017 For the reasons stated in the said interlocutory application, the same is allowed. Delay is condoned. We have heard the counsel for the petitioners in support of the present application wherein a prayer has been made to

Patna High Court MJC No.3769 of 2016 (3) dt.26-04-2017 2/2 restore L.P.A. No. 869 of 2015 to its original file and number after recall of the order dated 11.08.2016 by which the appeal was dismissed for want of prosecution.

For the reasons stated in the application and submissions made in support thereof, we are satisfied that the petitioners were prevented by sufficient cause from appearance in Court. The application is allowed. The order dated 11.08.2016 passed in L.P.A. No. 869 of 2015 is recalled and the writ appeal is restored to its original file and number.

(Kishore Kumar Mandal, J.) (Ahsanuddin Amanullah, J.) HR/- U