Jagdish Paneeri @ Jagdish Prasad Chourasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.765 of 2023 In Civil Writ Jurisdiction Case No.6985 of 2007 ====================================================== Jagdish Paneeri @ Jagdish Prasad Chourasia Son of Late Shiv Prasad Paneri, Resident of Village-Lotharwa, P.S. Panki, District-Palamu (Jharkhand), At Present residing at Karpurwa (lakhanusarai) P.S. Sasaram, District-Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jagnarain Paneri @ Jagnarain Chaurasia Son of Late Shiv Prasad Paneri, Resident of Village-Lotharwa, P.S. Panki, District-Palamu, At Present Resident of Mohalla-Lakhnusarai, P.S. and P.O. Sasaram, District-Rohtas. 3.

Birendra Paneri @ Bilandan Paneri Son of Late Shiv Prasad Paneri, Resident of Mauza Karpurwa (Lakhanusarai) P.S. and P.O. Sasaram DistrictRohtas, At Present residing at Mauza-Lobharwa, P.S. Panki, District-Palamu (Jharkhand) ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bishwajeet Pandey, Advocate For the Opposite Party/s :

Mr.Manish Kumar (GP- 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-09-2023 1.

The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No. 6985 of 2007, which has stood dismissed for want of prosecution vide order dated 13.02.2023.

2.

The learned counsel for the petitioner has submitted that the Advocate on Record for the petitioner, appearing earlier in the aforesaid writ petition had given a 'No Objection', however, no new advocate could be engaged during the

Patna High Court MJC No.765 of 2023(2) dt.01-09-2023 2/2 interregnum period, hence nobody could appear in the aforesaid case when the same was called out for hearing, nonetheless, it is submitted that fresh Vakalatnama of the petitioner shall be filed with the Registry of this Court, in the aforesaid writ petition, within a period of three weeks from today. 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, though I deem it fit and appropriate to direct for restoration of the aforesaid writ petition bearing C.W.J.C. No. 6985 of 2007, to its original file, however, subject to filing of fresh Vakalatnama of the petitioner by the Advocate on Record of the present petition within a period of three weeks from today.

4.

The present petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U