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Patna High CourtMJC/788/2014allowed

Sri Ravi Kumar Agrawal And ANR. v. Darbhanga Municipal Corporation Through The Administrator, And ANR.

2015-03-11Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.788 of 2014 In Miscellaneous Jurisdiction Case No. 728 of 2011 ======================================================

1. Sri Ravi Kumar Agrawal, S/O Late Raghubir Agrawal, Resident of Mohalla Bela Garden, Police Station Town, District Darbhanga.

2. Sri Ranjeet Prasad, S/O Late Jagdish Prasad Singh, Resident of Mohalla Bengaligarh, P.S. Town, District Darbhanga.

.... .... Petitioner/s

Versus

1. Darbhanga Municipal Corporation through the Administrator, (New Chief Executive Officer), Darbhanga Municipal Corporation, Darbhanga.

2. The Administrator, New Chief Executive Officer, Darbhanga Municipal Corporation, Darbhanga.

.... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Girish Chandra Jha For the Opposite Parties : Mr. Bindhyachal Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 11-03-2015 Heard the parties.

The present application has been filed on behalf of the petitioners seeking restoration of MJC No.728 of 2011, which stood dismissed on account of non-compliance of the Court's order dated 27.06.2012 passed by this Bench.

In the facts and circumstances of the present case and for the reasons disclosed in the present application, the prayer for restoration is allowed. MJC No.728 of 2011 is directed to be restored to its original file subject to the conditions that the order dated 27.06.2012 passed in MJC No.728 of 2011 shall be carried out within a period of two weeks from today and the petitioner shall deposit a sum of Rs.5,000/- (five thousand) with the Patna High Court Legal Services Committee by way of costs within the aforesaid period of two weeks and receipt in support of such deposit shall also be filed within the same period.

Patna High Court MJC No.788 of 2014 (3) dt.11-03-2015 It is clarified that in case of non-compliance of either of the conditions within the time prescribed, it shall be construed that the present application stood rejected on account of noncompliance of the Court's order. MJC No.788 of 2014 is finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) Arvind/- U