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Patna High CourtMJC/1074/2019disposed

Md. Kazim v. The State Of Bihar

2019-05-03Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1074 of 2019 In Civil Writ Jurisdiction Case No.23919 of 2018 ====================================================== Md. Kazim aged about 51 years (Male), Son of Md. Azim Resident of Village- Kasba, P.S.- Balia, District- Begusarai. ... ... Petitioner

Versus

1.

The State of Bihar 2.

Bihar State Sunni Waqf Board, Patna through its Chairman, Haj Bhawan, Patna.

3.

Chief Executive Officer, Bihar State Sunny Waqf Board, Haj Bhawan Harding Road, Patna.

4.

Administrative Officer, Bihar State Sunny Waqf Board, Haj Bhawan Harding Road, Patna.

5.

District Magistrate, Begusarai, Bihar.

6.

Abdul Bari Shah, The Muttawalli, Waqf State no. 2279 Mamu Bhanja Mazar Shareef, Badi Balia, District- Begusarai, Bihar. ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Hare Krishna Prasad For the Opposite Party/s :

Mr.Gyan Prakash Ojha (Ga7) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 03-05-2019 Learned counsel for the petitioner submits that he has already submitted the court fee, however copy of the application could not be served upon learned counsel for the Waqf Board as he could not be traced. On perusal of the application this court finds that the writ application of the petitioner stood dismissed for default due to non compliance of the peremptory order dated 03.01.2019.

In the facts and circumstances of the case, in the interest of justice this court allows the restoration application

Patna High Court MJC No.1074 of 2019(2) dt.03-05-2019 2/2 and directs that CWJC No. 23919/2018 be restored to it's original file. The petitioner will now comply with the order dated 03.01.2019 within 10 days from today, failing which this application shall stand dismissed without further reference to the Bench.

Accordingly, this Restoration Application stands allowed.

(Rajeev Ranjan Prasad, J) Rajeev/- U