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Patna High CourtMJC/1082/2024allowed

Ram Naresh Pandey v. The State Of Bihar

2024-07-12Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1082 of 2024 In Civil Writ Jurisdiction Case No.9776 of 2016 ====================================================== Ram Naresh Pandey son of Late Sukhdeo Pandey, Resident of VillageGazipur, P.S. Asthama, District/Town-Patna, at present residing at Barh, Ward No. 22 Paijawalpur, P.S. and P.O.-Barh, District-Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Water Resources Department, Patna.

2.

The Chief Engineer, Water Resources Department, Bhagalpur, Bihar. 3.

The Executive Engineer, Flood Control Division, Naugachiya, Bhagalpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prakash Kumar, Adv.

For the Opposite Party/s :

Mr.Government Advocate 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-07-2024

1. The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No.9776 of 2016, which has stood dismissed on account of non-prosecution, by an order dated 18.10.2023.

2. The learned counsel for the petitioner has submitted that the wife of the counsel for the petitioner had fallen ill suddenly and therefore, he could not attend the hearing of the case, when the case was called out for hearing on 18.10.2023, thus, a sympathetic view be taken and the aforesaid writ petition be restored to its original file.

3. Having regard to the submission made by the

Patna High Court MJC No.1082 of 2024(2) dt.12-07-2024 2/2 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 C.W.J.C. No.9776 of 2016 to its original file.

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