The Chief Secretary And ORS v. Shri Heramb Nath Deva And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.196 of 2018 In Civil Writ Jurisdiction Case No.16456 of 2016 ====================================================== 1.

The Principal Secretary, General Administration Department, Bihar, Patna. 2.

The Principal Secretary, Home Department, Government of Bihar, Main Secretariat, Patna.

... ... Petitioners.

Versus

1.

Shri Heramb Nath Deva, Son of Late Harinadra Nath Deva, Resident of Mohalla- Thakurbari, Panchmandir, P.S. Motihari Town, District- East Champaran ( Motihari).

2.

The Union of India, through Secretary Government of India, Ministry of Home Affairs, North Block, New Delhi.

3.

The Chairman, UPSC, Dholpur House, Shahjahan Road, New Delhi. ... ... Opposite Parties.

====================================================== Appearance :

For the Petitioner :

Mr. Kamlesh Kishore, Advocate.

For the Union of India :

Ms. Punam Kumari Singh, CGC.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 18-12-2024 The present M.J.C. Petition No.196 of 2018 is for recalling the order dated 22.12.2016 passed in C.W.J.C. No.16456 of 2016.

2. Even though the present M.J.C. Petition No.196 of 2018 for restoration was filed in the year 2018, for the last six years, no efforts have been made by the State counsel to get listed the matter. Therefore, very casual and lethargic method is adopted insofar as conducting State of Bihar cases are

Patna High Court MJC No.196 of 2018(3) dt.18-12-2024 2/2 concerned by the respective panel counsel.

3. Be that as it may, due to default on the part of the State counsel, State shall not suffer.

4. Accordingly, the order dated 22.12.2016 passed in C.W.J.C. No.16456 of 2016 stands recalled while restoring C.W.J.C. No.16456 of 2016 on the original file.

5. Registry is requested to list C.W.J.C. No.16456 of 2016 before the concerned Roster Bench immediately after Vacation.

6. The present M.J.C. Petition No.196 of 2018 is allowed, subject to payment of cost of Rs.3000/-(Rupees Three Thousand). Cost shall be remitted in the Lawyers' Association Welfare Benevolent Fund, Patna, within a period of 8 weeks from today.

(P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) P.S./- U