Patna High CourtMJC/2477/2015disposed

Bhola Nath Mishra v. The State Of Bihar And ORS

2017-04-19Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2477 of 2015 In Civil Writ Jurisdiction Case No. 4341 of 2011 ====================================================== Bhola Nath Mishra, Son of Late Ganesh Datta Mishra, resident of VillageBenipur, P.O.- Tekari, P.S.- Tekari, District- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar, Through the Director Panchayati Raj, Bihar District Magistrate, Aurangabad.

2. District Magistrate, Aurangabad.

3. The Deputy Development Commissioner-cum-Chief Executive Officer, District Board, Aurangabad, Bihar.

4. The Chairman, District Board, Aurangabad, Bihar.

5. The District Provident Officer, Aurangabad. .... .... Opposite parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Mishra For the Respondent/s : Mr. Sandeep Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 19-04-2017 Heard both sides.

The application seeks modification in the order dated 07.11.2012 passed in MJC No. 4341 of 2011 whereby the petitioner was directed to deposit the cost on or before 22nd of November, 2012.

Referring to the statement made in para 5, it is submitted that delay of one day occurred in depositing the amount. Counsel for the State, on the other hand, points out that there is delay of several years in filing the present application. Learned counsel for the petitioner in order to explain the

Patna High Court MJC No.2477 of 2015 (2) dt.19-04-2017 2/2 delay has pointed out the averment made in para 8 of the application.

Considering the facts and circumstances of the case, the application is allowed. The order dated 07.11.2012 is modified to the extent that at page 2 thereof, 22nd of November, 2012 shall be read as 23rd of November, 2012 subject to payment of further cost of Rs. 400/- with the Patna High Court, legal Services Committee and filing receipt thereof within 07 days. (Kishore Kumar Mandal, J) HR/- U