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Patna High CourtMJC/967/2023allowed

Rajni Mohan Tiwary v. The State Of Bihar Through The Principal Secretary,

2024-09-13Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.967 of 2023 In Civil Writ Jurisdiction Case No.8679 of 2021 ====================================================== Rajni Mohan Tiwary Son of Late Balram Tiwari Resident of Kamal Nagar Colony, Near Manikpur Durga Asthan, B.K. Public School, P.S.- Mozahidpur, District- Bhagalpur.

... ... Petitioner/s

Versus

1.

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

2.

The Director, Provident Fund Directorate Pant Bhawan, Patna. 3.

The Joint Commissioner, Accounts Provident Fund Directorate, Bihar, Patna.

4.

The District Provident Fund Officer, Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Pandey For the Opposite Party/s:

Mr.Sarvesh Kumar Singh (Aag 13) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-09-2024 Heard Learned Counsel for the petitioner and Learned Counsel for the State.

2. The present application has been filed for restoration of C.W.J.C. No. 8679 of 2021 to its original file which has been dismissed due to non-compliance of the pre-emptory order dated 02.01.2023.

3. Learned Counsel for the petitioner submits that inadvertently, the defects pointed out by the Office could not be removed within time. He further submits that he is ready to remove the defects and submits that this case may be restored to

Patna High Court MJC No.967 of 2023(5) dt.13-09-2024 2/2 its original file.

4. In this view of the matter, the present M.J.C. application is allowed and C.W.J.C. No. 8679 of 2021 is hereby restored to its original file.

5. It is made clear that if the petitioner shall not remove the defects within four weeks in C.W.J.C. No. 8679 of 2021 then the said C.W.J.C. No. 8679 of 2021 shall again be dismissed for default without further reference to the Bench. (Dr. Anshuman, J) Sunnykr/- U