Patna High CourtMJC/4023/2014allowed

Dwarika Manjhi And ORS. v. The State Of Bihar And ORS

2016-01-20Mr. Justice Ramesh Kumar Datta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4023 of 2014 In C. REV. 82 of 2014 ======================================================

1. Dwarika Manjhi Son of Shri Ram Manjhi

2. Sonamati Devi Wife of Late Rajwanshi Manjhi

3. Brij Kumar Manjhi Son of Late Punyadeo Manjhi

4. Ratan Manjhi

5. Shiv Ratan Manjhi Both sons of Late Sukat Manjhi

6. Birendra Manjhi Son of Dwarika Manjhi

7. Gajadhar Manjhi Son of Late Rajwanshi Manjhi All resident of Village - Pachbhinda, P.O. - Siswa Kala, P.S. - M.H. Nagar Hasanpura, District - Siwan .... .... Petitioners

Versus

1. The State of Bihar

2. The Division Commissioner, Saran Division, Chapra

3. The Collector - cum- District Magistrate, Siwan

4. The Superintendent of Police, Siwan

5. The Sub-Divisional Police Officer, Siwan

6. The Sub-Divisional Officer, Sadar, Siwan

7. The Circle Officer, Siswan District - Siwan

8. The Circle Inspector Siswan, District - Siwan

9. The S.H.O. M.H. Nagar Hasanpura, P.S. + District - Siwan

10. Gano Nath Manjhi Son of Late Mangru Manjhi Resident of Village - Pachbhinda, P.O. Siswa Kala and P.S. - M.H. Nagar Hasanpure, District - Siwan .... .... Opp. Parties ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER 20-01-2016 Heard learned counsel for the petitioners. No one appears for the State.

Learned counsel for the petitioners submits that the civil review application was dismissed on account of the fact that although the peremptory order dated 6.8.2014 passed in the said Civil Review No. 82 of 2014 for filing requisites within one week was complied by 12.8.2014 but unfortunately the Advocate Clerk

Patna High Court MJC No.4023 of 2014 (3) dt.20-01-2016 concerned had mentioned the wrong case number and on verification, learned counsel had subsequently rectified the same and correction was made and the same was filed on 22.8.2014 resulting in the dismissal of the said case for non-compliance of the order dated 6.8.2014.

In the aforesaid circumstances, the Civil Review No.82 of 2014 is directed to be restored to its original file. The restoration application is, accordingly, allowed. Office is directed to issue the notices on the basis of the requisites subsequently rectified.

(Ramesh Kumar Datta, J) spal/- U