Hari Shanker Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.617 of 2022 In Civil Writ Jurisdiction Case No.10495 of 2005 ====================================================== Hari Shanker Prasad S/o Late Ram Chandra Prasad, R/o Village-Jagdeo Nagar, P.S.-Ara, District-Bhojpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Commisinoer and Secretary, Water Resources Department, Govt. of Bihar, Sichai Bhawan, Patna.

3.

The Joint Secretary, Water Resources Department, Sichai Bhawan, Patna. 4.

The Engineer-in-Chief, Water Resources Department, Sichai Bhawan, Patna. 5.

The Chief Engineer-Water Resources Department, Sichai Bhawan, Patna. 6.

The Accountant General, Bihar, Beerchand Patel, Marg, Patna. 7.

The Secretary, Bihar School Examination Board, Sinha Library Road, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar, Advocate For the Opposite Party/s :

Mr.Anjani Kumar (Aag 4) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-07-2023 1.

The present petition has been filed for restoration of a writ petition bearing CWJC No.10495 of 2005, which has stood dismissed on account of non-prosecution by an order dated 28.08.2018.

2.

The learned counsel for the petitioner has submitted that the main counsel was ill, hence he could not appear in the present case, resulting in the present case being dismissed for want of prosecution, however, some sympathy be shown

Patna High Court MJC No.617 of 2022(2) dt.19-07-2023 2/2 and the petitioner be put to such terms, as may be deemed fit and proper to be imposed by this Court specially in view of the fact that the said counsel has also left practice long back.

3.

Having regard to the facts and circumstances of the case, taking into account the material on record as also considering the fact that the learned advocate appearing for the petitioner at that moment of time was ill and had stopped coming to the Court, though I deem it fit and proper to restore the aforesaid writ petition bearing CWJC No.10495 of 2005 to its original file, however, subject to deposit of a sum of Rs.2000/- with the Patna High Court Legal Services Committee, Patna, within a period of six weeks from today.

4.

The present restoration petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) kanchan/- U