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Patna High CourtMJC/1090/2024allowed

Ashok Das v. The State Of Bihar

2026-07-24Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1090 of 2024 In Civil Writ Jurisdiction Case No.20079 of 2016 ====================================================== Ashok Das S/o- Late Yamuna Das, resident of Ward no.-14, Bhabhua Town, Police Station- Bhabhua, District- Kaimur at Bhabhua, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Urban Development Department, Govt. of Bihar, Patna.

2.

The Nagar Parishad, Bhabhua, District- Kaimur at Bhabhua. 3.

The Executive Officer, Nagar Parishad, Babhua, District- Kaimur at Bhabhua.

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

For the Petitioner/s :

Mr.Dhananjay Kumar, Adv.

For the Opposite Party/s :

Mr.Standing Counsel 6 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-07-2026 The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No. 20079 of 2016, which has stood dismissed for non-prosecution, vide order dated 10.04.2023.

2.

The learned counsel for the petitioner has submitted that on account of death of family member in the family of the Advocate-on-Record, he could not appear when the case was called out for hearing, hence, the aforesaid writ petition was dismissed for non-prosecution, thus a sympathetic view be taken and the aforesaid writ petition be restored to its original file. 3.

Having regard to the facts and circumstances of the case,

Patna High Court MJC No.1090 of 2024(3) dt.24-07-2026 2/2 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 appropriate to direct for restoration of the aforesaid writ petition bearing C.W.J.C. No. 20079 of 2016 to its original file.

4.

The present petition stands allowed.

(Mohit Kumar Shah, J) Ajay/- U