Binod Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.766 of 2023 In Civil Writ Jurisdiction Case No.367 of 2021 ====================================================== Binod Kumar Das son of Late Sukhdeo Lal Das, Resident of Ward No. 32, Hatiya Gachhi, Polytechnic Road, Saharsa, P.S.-Saharsa, District-Saharsa, Pin Code-852201 (Bihar).

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Agriculture Department, Government of Bihar, Vikash Bhawan (New Secretariat, Patna). 2.

The Chief Secretary, Government of Bihar, Old Secretariat, Patna. 3.

The Secretary, Agriculture Department, Government of Bihar, Vikash Bhawan (New Secretariat, Patna).

4.

The Director of Agriculture, Government of Bihar, New Secretariat, Patna. 5.

The Joint Director, Plant Protection, Government of Bihar, Mithapur Farm, P.S. Jakkanpur, District-Patna.

6.

The Join Director, Agriculture, Patna Range, Mithapur Farm, P.S. Jakkanpur, District-Patna.

7.

Shri Ram Narayan Jha, son of Late Shyamkant Jha, Village-Parna (Rajaudha), District-Begusarai, At present posted as Clerk in the office of Deputy Director Plant Protection, Darbhanga Range, Darbhanga, At present deputed in Section-06, Agriculture Directorate, Bihar, New Secretariat, Vikash Bhawan (Patna).

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

For the Petitioner/s :

Mr.Shantanu Kumar, Advocate For the State :

Mr.Sarvesh Kumar Singh (Aag 13) Mrs. Sunita Kumari,AC to AAG-13 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-09-2023 1.

The present petition has been filed for restoration of a writ petition bearing CWJC No.367 of 2021, which has stood dismissed on account of non-prosecution by an order dated 20.07.2022.

2.

The learned counsel for the petitioner has

Patna High Court MJC No.766 of 2023(2) dt.15-09-2023 2/2 submitted 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.

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 writ petition bearing CWJC No.367 of 2021 to its original file. 4.

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