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Patna High CourtMJC/784/2024allowed

Shrawan Kumar Ishwar v. The State Of Bihar

2024-03-20Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.784 of 2024 In Miscellaneous Jurisdiction Case No.4723 of 2018 ====================================================== Shrawan Kumar Ishwar Son of Ram Sagar Ishwar Resident of VillageMaranchi, P.S.-Bachhuwara, District-Begusarai at present posted as Acharya Teacher in Bhartee Sanskrit High School Basti, P.S. Mohiuddin Nagar, District-Samastipur.

... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Sri R.K. Mahajan, the Principal Secretary, Department of Education, Govt. of Bihar, Patna.

3.

Md. Trimur Rahman, special Director, Secondary Education Department, Bihar, Patna.

4.

Mr. Rameshwar Singh, the Chairman, Bihar Sanskrit Shiksha Board, Patna. 5.

Mr. Anil Kumar Yadav, The Secretary, Bihar Sanskrit Shiksha Board, Patna. 6.

Satyendra Jha, The District Education Officer, Samastipur, P.S. and DistrictSamastipur. 7.

Sanjay Kumar Chaudhary, The District Programme Officer Samastipur. 8.

Mr. Om Prakash the Regional Dy. Director Samastipur, P.S. and DistrictSamastipur. 9.

Girindra Mohan Mishra, Headmaster in Gandhi Sanskrit Primary -cumMiddle School Kamla Samastipur and was nominated as a member of the Bihar Sanskrit Shiksha Board, Patna.

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

For the Petitioner/s :

Dr. Anjani Pd. Singh, Adv.

For the Opposite Party/s :

Mr.Government Advocate 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-03-2024

1. The present petition has been filed for restoration of a petition bearing M.J.C. No. 4723 of 2018, which has stood dismissed on account of non-prosecution by an order dated 25.01.2024.

2. The learned counsel for the petitioner has submitted

Patna High Court MJC No.784 of 2024(2) dt.20-03-2024 2/2 that since the counsel for the petitioner was engaged in another Court, he could not appear when the case was called out for hearing, hence, the aforesaid petition was dismissed on account of non-prosecution, thus a sympathetic view be taken and the aforesaid petition be restored.

3. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also considering the averments made in the present petition, I deem it fit and proper to restore the aforesaid petition bearing M.J.C. No. 4723 of 2018, to its original file.

4. The present restoration petition stands allowed. (Mohit Kumar Shah, J) sonal/- U