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Patna High CourtMJC/757/2024allowed

Chandreshwar Yadav v. The State Of Bihar

2024-07-19Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.757 of 2024 In Civil Writ Jurisdiction Case No.6396 of 2018 ====================================================== 1.

Chandreshwar Yadav Son of Sri Hridyanand Yadav, Resident of Banskothi Near Old SBI colony, Sangam Colony, P.O. Dighaghat, Police Station Danapur, Patna - 800011.

2.

Kishore Kumar, Son of Late Ramchandra Sah Nasriganj Biscuit Factory Road, P.O. - Digha, Police Station - Danapur, Patna - 800012. ... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Principal Secretary, Public Health Engineering Department, Government of Bihar, Vishveshwaraiya.

3.

The Engineer - in-Chief Cum commissioner Cum secretary, public Health Engineering Department, Govern 4.

The Superintending Engineer, Public Health Engineering Circle, Patna. 5.

The Executive Engineer, Public Health Division, Patna West, Rajbanshi Nagar, Patna.

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

For the Petitioner/s :

Mr. Shashank Chandra, Adv.

For the Opposite Party/s :

Mr. Standing Counsel 4 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The present Miscellaneous Jurisdiction Case application has been filed for restoring Civil Writ Jurisdiction Case No.6396 of 2018 to its original file which was dismissed due to non-prosecution vide order dated 19.02.2024.

3. Learned counsel for the petitioner submits that he could not appeared on two consecutive dates only due to the

Patna High Court MJC No.757 of 2024(3) dt.19-07-2024 2/2 reason that in-spite of the fact that he has filed Vakalatnama, in filing section, his name has not been figured in the cause list. As such, the list could not be marked and hence, the writ petition was dismissed.

4. In light of the present facts and circumstances of the case mentioned in paragraph no.7 of the present M.J.C. application, let the present Miscellaneous Jurisdiction Case No.757 of 2024 is allowed and Civil Writ Jurisdiction Case No.6396 of 2018 which was dismissed vide order dated 19.02.2024 is hereby restored to its original file. (Dr. Anshuman, J) Divyansh/- U