Nibha Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 1118 of 2012 ====================================================== Nibha Kumari D/O Shri Vishwanath Singh, W/O Shri Bipin Bihari Singh R/O Village- Sirsawan (Korari Khurd), Police Station- Daraunda, DistrictSiwan .... .... Petitioner

Versus

1. The State of Bihar

2. The Principal Secretary, Human Resources Development Department, Government of Bihar, Patna

3. The Director, Primary Education, Bihar, Patna

4. The District Magistrate, Siwan

5. The Divisional Commissioner, Saran Division at Chapra

6. The Deputy Development Commissioner-cum-Chairman, District Education Establishment Committee, Siwan

7. The District Superintendent of Education, Siwan

8. The Block Development Officer, Daraunda, District- Siwan

9. The Block Education Extension Officer, Daraunda, District- Siwan

10. The Prakhand Pramukh, Daraunda Prakhand, District- Siwan

11. The Gram Panchayat Raj Sirsawan, Anchal Daraunda, District- Siwan represented through its Mukhia.

12. The Mukhiya of Gram Panchayat Raj, Sirsawan, Anchal- Daraunda, District- Siwan

13. The Panchayat Secretary of Gram Panchyayat Raj, Sirsawan, AnchalDaraunda, District- Siwan

14. Shri Ashok Kumar Bharti S/O Kirpal Bharti R/O Village- Sirsawan Nawaka Tola, Police Station- Daraunda, District- Siwan, at present posted and working as Panchayat Teacher in Govt. Primary School, Dakshin Mathiya Sirsawan, Anchal Daraunda, District- Siwan .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Kumar Mishra For the Opp. Party/s : AC to SC - 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

10-01-2017 Heard Sri Umesh Kumar Mishra, learned counsel for the petitioner as well as learned A.C. to Standing Counsel - 7. The present petition has been filed with a prayer to restore C.W.J.C. No. 17759 of 2008, which stood dismissed

Patna High Court MJC No.1118 of 2012 (3) dt.10-01-2017 2/2 against respondent no. 12, 13 and 14 due to non-compliance of peremptory order dated 29-03-2010.

Learned counsel for the petitioner submits that subsequently in the main writ petition, respondent no. 14 had already entered appearance through his counsel namely Sri Ravindra Nath Dubey. It was submitted by learned counsel for the petitioner that even belatedly he has already complied the order. The reason has been assigned in the present petition for noncompliance of the peremptory order. This fact has elaborately been stated in paragraph - 3 of the petition. In view of facts and circumstances, particularly the fact stated in paragraph - 3 of the petition, the restoration petition is allowed.

Let C.W.J.C. No. 17759 of 2008 be restored in respect of respondent no. 12, 13 and 14.

Office may act upon on the basis of requisites filed by the petitioner.

(Rakesh Kumar, J.) Anay U