Ambika Singh v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3691 of 2018 In Letters Patent Appeal No.2265 of 2015 ====================================================== Ambika Singh ... ... Petitioner/s

Versus

The State Of Bihar and Ors ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pawan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Pandey, Sr. CGC Mr. Ram Tujabh Singh, CGC Mr. Lokesh, Advocate For the State :

Ms. Divya Verma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 29-07-2024 Due to lethargic attitude of the concerned counsel, litigant is suffering to the extent that L.P.A. No. 2265 of 2015 was dismissed on 04.02.2017 for non-compliance resultantly, M.J.C. No. 3301 of 2017 was filed, it was also dismissed on 12.04.2018 vide peremptory order dated 05.04.2018. Hence, the present M.J.C.

2. In fact, second M.J.C. for restoration of another restoration order is not permissible. However, due to lapses on the part of the concerned counsel or lack of communication, litigant should not suffer. Hence, we are taking lenient view in restoring the L.P.A. 2265 of 2015. The order dated 05.04.2018 passed in M.J.C. No. 3301 of 2017 and order dated 04.02.2017

Patna High Court MJC No.3691 of 2018(2) dt.29-07-2024 2/2 passed in L.P.A. No. 2265 of 2015 stands recalled, subject to payment of cost of Rs. 3000/- (Rs. Three thousand). Cost shall be remitted in the Patna High Court Legal Services Committee, Patna within a period of two weeks.

3. Registry is requested to restore L.P.A. No. 2265 of 2015 and post the matter before the concerned roster Bench. (P. B. Bajanthri, J) ( Alok Kumar Pandey, J) manish/- U