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Patna High CourtMJC/549/2023allowed

Ajay Kumar v. The State Of Bihar

2023-09-21Mr. Justice Harish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.549 of 2023 In Civil Writ Jurisdiction Case No.11327 of 2022 ====================================================== Ajay Kumar S/o- Kapildeo Prasad, R/o- Village- Shakir Bihga, P.O.- Samasapur, P.S.- Belaganj, District- Gaya (Bihar) and present posted as an Assistant Teacher in Nagalal Agarwal Middle School, Belaganj, Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary Education Department, Govt. of Bihar, Patna.

2.

The Principal Secretary, Education Department, Govt. of Bihar, Patna. 3.

The Director, Primary Education, Govt. of Bihar, Patna. 4.

The District Education Officer, Gaya.

5.

The District Programme Officer (Establishment), Gaya. 6.

The Block Development Officer, Belaganj, Gaya. 7.

The Block Education Officer, Belaganj, Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rama Kant Singh, Adv.

For the Opposite Party/s :

Smt. Binita Singh, SC-28 ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 21-09-2023 Heard the parties.

2. The petitioner presses the present application seeking restoration of C.W.J.C. No. 11327 of 2022, which stood dismissed for non-compliance of the peremptory order dated 16.11.2022 whereby the petitioner was allowed three weeks time to remove the defect(s) as pointed out by the registry.

3. Learned counsel for the petitioner submits that on account of mistake of advocate clerk the defect(s) as pointed out by the registry could not be removed which led to the dismissal

Patna High Court MJC No.549 of 2023(2) dt.21-09-2023 2/2 of the writ application. He further submits that if the writ petition would not be restored to its original file, irreparable loss will cause to the petitioner.

4. Considering the averments made in the application and the submissions advanced, the present application stands allowed. C.W.J.C. No. 11327 of 2022 is restored to its original file.

(Harish Kumar, J) rohit/- U