Parbati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1272 of 2024 In Civil Writ Jurisdiction Case No.16313 of 2001 ====================================================== Parbati Devi Wife of Late Rajendra Mishra, Resident of Basdila, P.S.- Jalalpur, District- Saran.

... ... Petitioner/s

Versus

1. The State of Bihar through the Director General of Police, Bihar, Patna.

2. The DG-cum-IG of Police, Bihar, Patna

3. The DIG of Police, BMP, Central Zone, Patna.

4. The Commandant, 16 Bihar Military Police, Pulwarisharif, Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. M.K.Tiwary, Adv.

For the Opposite Party/s :

Ms. Divya Verma, AC to AAG-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-11-2024 Though the writ petition bearing CWJC No. 16313 of 2001 was dismissed for default, by an order dated 30.8.2018, however, the original petitioner did not bother to take steps for restoration of the same. Nonetheless, after his death on 31.3.2023, the wife has approached this Court belatedly for restoration of the aforesaid writ petition, however, no substitution petition has been filed in the said writ petition. 2.

Nonetheless, the learned counsel for the petitioner seeks liberty on behalf of the present petitioner i.e. the wife of the deceased original writ petitioner to file a fresh writ petition in case cause of action so survives. Liberty, so sought, is granted.

Patna High Court MJC No.1272 of 2024(3) dt.22-11-2024 2/2 3.

Accordingly, the present restoration petition stands disposed off.

(Mohit Kumar Shah, J) Ajay/- U