Sanjay Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4530 of 2014 In Civil Writ Jurisdiction Case No. 5776 of 2014 ====================================================== Sanjay Kumar, son of late Phuldeo Prasad, resident of Maldah, P.S.- Barbigha, District- Sheikhpura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Chief Secretary, Bihar , Patna.

3. The Secretary, Registration, Excise and Prohibition Department, Bihar, Patna.

4. The Deputy Secretary, Registration, Excise and Prohibition Department , Bihar, Patna.

5. The Additional Secretary, Registration, Excise and Prohibition Department, Bihar, Patna.

6. The Assistant Inspector General of Registration, Excise and Prohibition Department, Bihar, Patna.

.... .... Opposite Parties/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opp.Parties/s : Mr. Sheo Shankar Prasad, SC X ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER ------------ 26-08-2015 Heard.

The present application has been filed for restoration of CWJC No. 5766 of 2014 which stood dismissed for want of prosecution by order dated 19.11.2014.

In the facts and circumstances of the case, this Court is of the opinion that the interest of justice shall be subserved if the petitioner is granted liberty to file a fresh writ petition in the same subject matter after bringing on record all the subsequent developments which might have been taken place during the interregnum period. It is ordered accordingly. If such a writ petition is filed within a period of one month from today, the same shall be considered and decided on its

Patna High Court MJC No.4530 of 2014 (3) dt.26-08-2015 2/2 own merit and shall not be dismissed on the ground of res judicata. The present MJC application thus stands disposed of. (Birendra Prasad Verma, J) Tahir/- U