Kamaleshwar Prasad v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2849 of 2018 In Civil Writ Jurisdiction Case No.9469 of 2014 ====================================================== Kamaleshwar Prasad son of Late Rambhikchhuk Sah resident of village - Narkatiya, P.O. Semariya Via Sahpur, P.S. Nawatan, District - Siwan ... ... Petitioner

Versus

1.

The State Of Bihar 2.

The District Magistrate, Saran at Chhapra 3.

The Sub - Divisional Officer, Marhaura, Chhapra 4.

The Deputy Collector Establishment, Saran, Chapra ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Siddharth Harsh For the Opposite Party/s :

Mr. S. Raza Ahmad AAG 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-08-2019 This application under Article 226 of the Constitution of India read with Section 151 of the Code of Civil Procedure has been filed for restoration of CWJC No. 9469 of 2014, which was dismissed for want of prosecution on 18.03.2017. It is contended by the learned counsel for the petitioner that when the writ petition bearing CWJC No. 9469 of 2014 was called out, he was arguing his case before another Court and, thus, he could not attend the case and the same was dismissed for want of prosecution.

Learned counsel for the State does not oppose the application for restoration of CWJC No. 9469 of 2014.

Patna High Court MJC No.2849 of 2018(2) dt.14-08-2019 2/2 In view of the submission made above, the application is allowed. CWJC No. 9469 of 2014 is directed to be restored to its original file.

(Ashwani Kumar Singh, J) Pradeep/- U