Shailesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.802 of 2024 In Letters Patent Appeal No.1030 of 2018 ====================================================== 1.

Shailesh Kumar son of Late Krishna Kant Sinha, the legal heirs and representative of Late Krishna Kant Sinha and resident of Rental Flat No. 293, Lohiya Nagar, P.S. Kankarbag, District-Patna. 2.

Pankaj Kumar, son of Late Krishna Kant Sinha, the legal heirs and representative of Late Krishna Kant Sinha and resident of Rental Flat No. 293, Lohiya Nagar, P.S. Kankarbag, District-Patna. 3.

Sanjay Kumar, son of Late Krishna Kant Sinha, the legal heirs and representative of Late Krishna Kant Sinha and resident of Rental Flat No. 293, Lohiya Nagar, P.S. Kankarbag, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Urban Development and Housing Department, Government of Bihar, Patna.

2.

The Managing Director Bihar State Housing Board, Patna having its office at Sardar Patel Marg, Patna 800015.

3.

The Executive Engineer, Division No. 01, Bihar State Housing Board, Hanuman Nagar, Patna.

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

For the Petitioner/s :

Mr. Amrendra Neeraj For the Opposite Party/s :

Mr. Additional Advocate General 7 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA and HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA) 06-09-2024

1. Heard learned counsel for the parties concerned.

2. The present application has been filed for restoration of L.P.A. No. 1030 of 2018, which got dismissed for default on 06.01.2020 due to non-compliance of the peremptory order, dated 09.12.2019.

Patna High Court MJC No.802 of 2024(5) dt.06-09-2024 2/2

3. For the reasons stated in this application, the same is allowed and the connected case, bearing L.P.A. No. 1030 of 2018, is restored to its original file subject to the condition that the petitioner shall remove the defects, if any, and/or any correction in the petition by way of filing supplementary affidavit, as pointed out by the Stamp Reporter, within three weeks.

4. Accordingly, this application is allowed to the extent indicated above, subject to the condition that the petitioner shall deposit a sum of Rs. 3,000/- in the account of Bihar Legal Services Authority.

(Anil Kumar Sinha, J) ( Chandra Prakash Singh, J) HarshPandey/- U