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Patna High CourtMJC/3693/2016allowed

The State Of Bihar And ORS v. Vijay Kumar

2023-08-02Mr. Justice P. B. Bajanthri,Mr. Justice Jitendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3693 of 2016 In Letters Patent Appeal No.735 of 2016 ====================================================== 1.

The State Of Bihar 2.

The Commisssion, Magadh Pramandal, Gaya 3.

The Licence Officer-cum-Forest Pramandal Officer, Gaya Forest Pramandal, Gaya 4.

The Forest Conservator-cum-Vihit Officer, Gaya Anchal, Gaya 5.

The Forest Area Officer, Barachatti, Gaya ... ... Petitioner/s

Versus

Vijay Kumar Son of Devendra Prasad resident of Village- Sharma Bazar, Tal, Tiwari Chak, PS- Barachatti, District- Gaya ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Narayan Dubey For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 02-08-2023 The present M.J.C. is filed for recalling the order dated 08.09.2016 with reference to peremptory order. The present M.J.C. for restoration is not supported by which order is required to be recalled and L.P.A. No. 735 of 2016 is to be restored on the file. The present M.J.C. for restoration is pending for the last seven years.

2. Perusal of the records it is evident that learned counsel for petitioner has not shown any interest to get the matter listed before this Court. In fact, it is a case for rejection

Patna High Court MJC No.3693 of 2016(2) dt.02-08-2023 2/2 for want of non-production of peremptory order. However, in the interest of litigant and the matter is pending consideration for the last seven years, the present M.J.C. stands allowed while recalling the order dated 08.09.2016 and L.P.A. No. 735 of 2016 stands restored on the file, subject to payment of cost of Rs. 5,000/-. The cost shall be remitted in the Patna High Court Legal Services Committee within a period of four weeks.

3. Registry is hereby directed to list L.P.A. No. 735 of 2016 before the Roster Bench.

(P. B. Bajanthri, J) ( Jitendra Kumar, J) rakhi/- U