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Patna High CourtMJC/548/2024allowed

Vijay Nath Sah (Ex-Inspector Of Income Tax), v. The State Of Bihar

2024-09-20Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.548 of 2024 In Civil Writ Jurisdiction Case No.7044 of 2021 ====================================================== Vijay Nath Sah (Ex-Inspector of Income Tax), TDS Circle, O/o The Assistant Commissioner of Income Tax (TDS), Central Revenue Building (Annexure), Birchand Patel Path, Patna- 800001. Male, aged about 59 years, Son of Late Raghunath Sah, Resident of Diwan Mohalla, Ram Janki Chowraha, P.O.- Jhauganj, Police Station- Khejekala, District- Patna- 800008. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, General Administration Department, Government of Bihar, Patna.

2.

The Chairman, Caste Scrutiny Committee, State of Bihar, Patna 3.

The Members, Caste Scrutiny Committee, State of Bihar. Patna. 4.

The Under Secretary, General and Administration Department, Government of Bihar, Patna.

5.

The Inspector General, Weaker Section, Crime Investigation Department, Bihar, Patna.

6.

The Superintendent of Police, Weaker Section, Crime investigation Department, Bihar, Patna.

7.

The Deputy Superintendent of Police, Weaker Section, Crime Investigation Department, Bihar, Patna.

8.

The District Magistrate, Patna.

9.

The Sub-Divisional Officer, Patna City, Patna. 10.

The Circle Officer, Patna Sadar, Patna.

11.

Maulesh Paswan, S/o Sh. Jagdish Paswan, the General Secretary, All India Income Tax SC/ST Employees Welfare Federation, Unit Patna, at Present residing at Qt. No. 179, New Type- ITI, Central Revenue Colony, Ashiyana Road, Patna- 25.

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

For the Petitioner/s :

Mr. Niranjan Kumar, Adv.

Mr. Dilip Kumar, Adv.

Mr.Subham Singh, Adv.

Mr. Bipin Yadav, Adv.

For the Opposite Party/s :

Ms. Divya Verma, AC to AAG3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-09-2024 The present petition has been filed for restoration of a

Patna High Court MJC No.548 of 2024(2) dt.20-09-2024 2/2 writ petition bearing C.W.J.C. No. 7044 of 2021, which has stood dismissed for non-prosecution, vide order dated 27.2.2023.

2.

The learned counsel for the petitioner submits that on account of suspension of the license of the conducting lawyer, he could not attend the Court proceedings, resulting in nonappearance on the day when the aforesaid writ petition was called out for hearing, hence, a sympathetic view be taken and the aforesaid writ petition be restored to its original file. 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. 7044 of 2021 to its original file.

4.

The present restoration petition stands allowed. (Mohit Kumar Shah, J) Ajay/- U