M/S Rungta Engterprises Through Its Proprietor Mahesh Kumar Rungta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4145 of 2016 In Civil Writ Jurisdiction Case No. 23598 of 2012 ====================================================== M/s Rungta Enterprises through its Proprietor Mahesh Kumar Rungta atKahalgaon, P.S.- Kahalgaon, District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Public Work Deptt, State of Bihar, Patna.

2. The Engineer in Chief, Public Works Department, Bihar, Patna.

3. The Chief Engineer, East Bihar Road Circle, Road Division, Bhagalpur.

4. The Executive Engineer, Road Division, Bhagalpur.

5. The Superintending Engineer, Road Division, Bhagalpur. .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Respondent/s : Mr. Raj Ballav Prasad Yadav (AAG-XI) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 18-01-2017 Heard counsel for the petitioner and Mr. Yadav, AAG-11 for the State.

The application seeks restoration of CWJC No. 23598 of 2012 by recall of the order dated 22.11.2016 whereby the writ application was dismissed for want of persecution. It is stated that the restoration application was filed immediately thereafter on 08.01.2016.

Considering the averments made in the restoration application and submission made in support thereof, the same is allowed. The order dated 22.11.2016 passed in CWJC No. 23598

Patna High Court MJC No.4145 of 2016 (3) dt.18-01-2017 2/2 of 2012 is recalled and the said case is restored to its original file and number subject to payment of cost of Rs. 300/- with the Patna High Court, legal Services Committee and filing receipt thereof within a week.

(Kishore Kumar Mandal, J) HR/- U