Kushwaha Gita Kumarii @ Gita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.450 of 2023 In Civil Writ Jurisdiction Case No.15845 of 2014 ====================================================== Kushwaha Gita Kumarii @ Gita Devi W/o-balwant Mahto Resident of Village - Ratanpur West, P.O. - Ratanpur, P.S. - Ara Muffasil, District - Bhojpur ,Ara. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Commissioner-cum-Secretary, Department of Social Welfare, Government of Bihar at Patna.
3.
The Director, Directorate of I.C.D.S. Government of Bihar, Patna. 4.
The District Magistrate, Bhojpur, Ara.
5.
The Deputy Development Commissioner District Bhojpur, Ara. 6.
The Sub-Divisional Officer, Ara,District Bhojpur, 7.
The Block Development Officer, Ara Block District - Bhojpur. 8.
The District Programme Officer, Bhojpur, Ara. 9.
The Child Development Project Officer, Ara Gramin District - Bhojpur. 10.
The Mukhiya Gram Panchayat Sandiya District - Bhojpur. 11.
The Panchayat Secretary Gram Panchayat Sandiya District - Bhojpur. 12.
Sushila Devi W/o-Brajesh Prasad Resident of Village - Ratanpur East P.O. - Ratanpur, District - Bhojpur, Ara.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arya Achint, Advocate For the Opposite Party/s :
Smt. Binita Singh (SC- 28) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-07-2025 The Vakalatnamas filed on behalf of the petitioner in both the petitions, i.e. the one bearing CWJC No. 15845 of 2014 and the other bearing MJC No. 450 of 2023 have apparently been wrongly attached to the respective files, hence the Vakalatnama which is purported to have been filed
Patna High Court MJC No.450 of 2023(6) dt.11-07-2025 2/3 in the writ petition be attached to the file pertaining to the writ petition and the Vakalatnama which has been purported to have been filed in the restoration petition, be attached in the file pertaining to M.J.C. No. 450 of 2023.
Reg: MJC No. 450 of 2023 2.
The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No. 15845 of 2014, which has stood dismissed for want of prosecution vide order dated 05.12.2022.
3.
The learned counsel now appearing in the present case submits that the earlier counsel had not attended the case when the same was called out for hearing for the reasons best known to him, hence the case had stood dismissed for default but thereafter the petitioner has engaged the present counsel, hence a sympathetic view be taken and the aforesaid writ petition be restored to its original file.
4.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the
Patna High Court MJC No.450 of 2023(6) dt.11-07-2025 3/3 petitioner as also taking into account 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. 15845 of 2014 to its original file.
5.
The present petition stands allowed.
(Mohit Kumar Shah, J) S.Sb/- U