Sri Hriday Ray v. The Chairman Bihar State Housingh Board, Patna And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.5199 of 2013 In Civil Writ Jurisdiction Case No.9327 of 2002 ====================================================== Sri Hriday Ray S/O Late Sheojatan Ray Resident Of Village- Panwato, Mithila Co- Operative B, Rajiv Nagar, Road No. 9, Last, P.S- Digha, DistrictPatna, Bihar. ... ... Petitioner/s

Versus

1.

The Chairman Bihar State Housingh Board, Patna and Ors. 2.

The Managing Director Bihar State Housing Board, 6, Mangles Road, Patna. 3.

The Estate Officer Bihar State Housing Board, 6, Mangles, Road, Patna 4.

The Executive Engineer Division- 3, Bihar State Housing Board Having His Office Of Bahadurpur, Patn ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Awadhesh Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar Priyadarshi, Advocate Mr. Anil Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) 13-04-2023 Heard Mr. Awadhesh Kumar Mishra, learned Advocate for the petitioner and Mr. Rabindra Kumar Priyadarshi for the State.

The writ petition preferred by the petitioner (CWJC No. 9327 of 2002) was tagged along with two other writ petitions and three LPA's.

The learned counsel for the petitioner submits that because of the tagging of the writ petition filed by him with

Patna High Court MJC No.5199 of 2013(4) dt.13-04-2023 2/2 other LPA's and writs, the same could not be marked and therefore, it was dismissed on 31.07.2013 for nonappearance. The learned counsel for the petitioner further submits that no sooner was it found that the petition was dismissed for non-prosecution, MJC petition also was filed in the year 2013 only which has come up today for consideration.

There would be no need of issuing notice as counsel for the Bihar State Housing Board Mr. Rabindra Kumar Priyadarshi is present.

For the reasons stated in the application, the prayer is allowed.

The writ petition is restored to its original file. (Ashutosh Kumar, J) (Harish Kumar, J) krishna/- U