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Patna High CourtMJC/426/2020allowed

Mukesh Kumar Singh v. The State Of Bihar

2021-09-01Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

MISCELLANEOUS JURISDICTION CASE NO. 426 OF 2020 IN C.W.J.C. No. 21621 of 2019 ====================================================== Mukesh Kumar Singh son of Late Pramod Singh, resident of village Fatehpur, Police Station Deedarganj, District Patna. ... ... Petitioner/s

Versus

1. The State of Bihart through the Principal Secretary, Home Department, Government of Bihar, Patna.

2. The Inspector General of Prison, Government of Bihar, Patna.

3. The Lokayukt Bihar through its Registrar, Patna.

4. The Joint Secretary cum Director Administration, Government of Bihar, Patna.

5. The District Magistrate, Hajipur, Vaishali.

6. The Superintendent of Jail, Mandal Kara, Hajipur.

7. Shanti Devi, wife of late Pramod Singh, resident of village- Fatehpur, Police Station Deeddarganj, District Patna.

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

For the Petitioner/s : Mr. Manoj Kumar, Advocate.

For the Respondent/s : Mr. Ajay Kumar, AC to GP-4 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-09-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

The present petition has been filed for restoration of a writ petition bearing CWJC No. 21621 of 2019, which has stood dismissed on account of non-compliance of the peremptory order dated 5.11.2019.

The learned counsel for the petitioner submits that on account of the time granted to the petitioner to remove the defect being only one week, the petitioner could not remove the defects, however, now he undertakes to remove the defects within a period of four weeks from today.

The learned counsel for the respondent State, Shri Ajay Kumar, AC to GP. 4 has got no objection. Having regard to the facts and circumstances of the

case and considering the averments made in the present petition, I deem it fit and proper to restore the aforesaid writ petition bearing CWJC No. 21621 of 2019 to its original file subject to removal of defects within a period of four weeks from today. It would suffice to state that the Ld. Counsel for the petitioner shall be entitled to remove the defects by physical mode. The petition stands disposed of on the aforesaid terms. (Mohit Kumar Shah, J) Tiwary/- U T