The State Of Bihar And ORS v. Bijendra Singh

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.830 of 2019 In CIVIL REVIEW No.372 of 2018 ====================================================== 1.

The State Of Bihar through the Secretary, Department of Finance, Government of Bihar, Patna 2.

The Secretary Rural Development Department Government of Bihar, Patna. 3.

The Chairman The Chairman Cum District Magistrate, Aurangabad. 4.

The D.D.C. The D.D.C. Cum CEO, DRDA, Aurangabad. 5.

The District Account Officer The District Account Officer, collectorate, Aurangabad 6.

The Accountant General, Bihar.

... ... Petitioner/s

Versus

Bijendra Singh S/o Sri Ram Lakshman Singh At present Accountant in the office of the District Rural Development Authority, Aurangabad Collectorate, P.S. Town, District - Aurangabad.

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

For the Petitioner/s :

Mr. Sanjay Prasad For the Opposite Party/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 02-08-2023 The present M.J.C. for restoration is filed by the State Government. It is shocking to know that order of dismissalperemptory order dated 16.01.2019 read with order dated 30.01.2019 has not been produced along with M.J.C. for restoration. Further, we noticed that matter is pending consideration for the last four years. Today itself, we have come across identical matter which is pending consideration for the

Patna High Court MJC No.830 of 2019(4) dt.02-08-2023 2/2 last seven years. No efforts have been made to get it listed on behalf of the State-Petitioner. These dates and events shows that State is not keen in pursuing the restoration petition.

2. In the interest of State-department order dated 30.01.2019 is recalled. Civil Review No. 372 of 2018 stands restored on the file, subject to payment of cost of Rs. 5,000/-. The cost has been imposed on the score that petitioner has failed to furnish copy of peremptory orders and related orders and there is delay in pursuing the present matter for four years. The cost shall be remitted in the Patna High Court Legal Services Committee within four weeks from today.

3. Registry is hereby directed to list Civil Review No. 372 of 2018, arising out of L.P.A. No. 1458 of 2017 before the Roster Bench.

(P. B. Bajanthri, J) ( Jitendra Kumar, J) rakhi/- U