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Patna High CourtMJC/1280/2012disposed

The State Of Bihar v. Shailendra Kumar Singh

2016-03-08Mr. Justice Hemant Gupta,Mr. Justice Ramesh Kumar Datta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1280 of 2012 ======================================================

1. The State of Bihar through the Commissioner-cum-Secretary, Department of Revenue and Land Reforms, Government of Bihar, Old Secretariat, Patna.

2. The Commissioner-cum-Secretary, Department of Revenue and Land Reforms, Government of Bihar, Old Secretariat, Patna.

3. The Finance Commissioner, Government of Bihar, Old Secretariat, Patna.

4. The Director of Provident Fund Finance Department, Pant Bhawan, Bailey Road, Patna.

5. The District Provident Fund Officer, Bhagalpur.

6. The Settlement Officer, Bhagalpur

7. The Assistant Settlement Officer, (Head Quarter), Bhagalpur. .... .... Petitioners

Versus

1. Shailendra Kumar Singh, son of late Ramdeo Singh, resident of villageBagh Majhana, P.S.-Koilwar, District-Bhojpur, present resident of Jai Prakash Nagar, Ashiyana Nagar, Nalapar, P.S.- Digha, District-Patna.

2. The Accountant General (A & E), Bihar, Patna. .... .... Opposite Parties ====================================================== Appearance :

For the Petitioners : Mr. Ram Das Singh, Advocate For the Respondents : Mr. Dev Kumar Prasad Sinha, Advocate Mr. K. K. Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA And HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) 08-03-2016 I.A. No.4957 of 2012 There is a delay of 5 days in filing of the present application for restoration of L.P.A. No.1352 of 2010 which stood dismissed for non-prosecution on 01.02.2012. For the reasons mentioned in the application, we deem it appropriate to condone the delay in filing of the present application for restoration as sufficient causes have been made

Patna High Court MJC No.1280 of 2012 (5) dt.08-03-2016 2/2 out for seeking condonation of delay.

Accordingly, I.A. No.4957 of 2012 stands allowed. MJC No.1280 of 2012 This is an application for restoration of LPA No.1352 of 2010 which stood dismissed for non-prosecution on 01.02.2012.

Since the appeal is filed by the State and sufficient reasons have been disclosed in the application, we deem it appropriate to allow the present application. Accordingly, this application is allowed and L.P.A.No.1352 of 2010 is restored to its original file. Let L.P.A.No.1352 of 2010 be listed for admission. The explanation given by the Section Officer and Dealing Assistant is accepted. However, they are warned to be careful in future.

(Hemant Gupta, J) (Ramesh Kumar Datta, J) Sunil/- U