Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.466 of 2023 In Civil Writ Jurisdiction Case No.8754 of 2021 ====================================================== Ajay Kumar Son of late Satynarayan Rai @ Ram Murt Rai Resident of Baldeo Bhavan Road, near P.N.B. Mohalla Mohanpur, Punaichak, P.S. Shastri Nagar, District- Patna.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Urban Development Department, Bailey Road, Patna.
2.
The Town Commissioner, Patna Municipal Corporation, Patna. 3.
The Director, Town Planning, Patna Municipal Croporation, Patna. 4.
The Additional Town Commissioner, (Enforcement), Patna Municipal Corporation, Patna.
5.
The Executive Officer, Pataliputra Circle, Patna Municipal Corporation, 6.
The Executive Engineer, Pataliputra Division, Patna Municipal Corporation, Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhay Kumar, Adv.
For the State :
Mr.Yogendra Prasad Sinha, AAG-7 For the PMC :
Mr. Prasoon Sinha, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-03-2023 The defects, as pointed out by the registry, are ignored.
The present petition has been filed for restoration of a writ petition bearing CWJC No. 8754 of 2021, which stood dismissed for non-prosecution, by an order dated 22.9.2022. The learned counsel for the petitioner submits that the earlier advocate on record for the petitioner had not appeared when the case was called out for hearing and thereafter, he has
Patna High Court MJC No.466 of 2023(2) dt.29-03-2023 2/2 also given a no objection certificate, whereupon the present counsel has been engaged, hence, a sympathetic view be taken and the aforesaid writ petition be restored to its original file. 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 proper to direct for restoration of the aforesaid writ petition bearing CWJC No. 8754 of 2021 to its original file.
The present restoration petition stands allowed. (Mohit Kumar Shah, J) Ajay/- U