Smt. Asha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.873 of 2020 In Letters Patent Appeal No.1041 of 2017 ====================================================== Smt. Asha Devi ... ... Petitioner/s

Versus

The State of Bihar & Ors ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Radha Raman Verma, Advocate For the Opposite Party/s :

Mr.Md. Khurshid Alam (Aag 12) ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 06-12-2023 The present MJC is filed for recalling the order dated 19.12.2019 by which LPA No. 1041 of 2017 was dismissed for non-prosecution. There is a delay of 42 days in filing MJC to recall the order dated 19.12.2019. I.A. No. 1 of 2022 has been filed for condonation of delay.

2. Perusal of the pleadings in the I.A. No. 1 of 2022 and the reasons stated therein, we condone the delay of 42 days in filing MJC. Consequently, MJC is heard.

3. For the reasons stated in application and affidavit order dated 19.12.2019 passed in LPA No. 1041 of 2017 stands recalled. Therefore, LPA No. 1041 of 2017 stands restored on the file.

Patna High Court MJC No.873 of 2020(3) dt.06-12-2023 2/2

4. Registry is hereby directed to list the aforementioned LPA before the roster bench, subject to payment of cost of Rs. 2,000/- (Rupees Two Thousand Only). Cost shall be remitted in the Patna High Court Legal Services Committee within a period of four weeks' from today.

(P. B. Bajanthri, J) ( Ramesh Chand Malviya, J) abhishekkr/- U