The State Of Bihar Through Executive Engineer Western Koshi Canal Division, Supaul v. M/S Hardeo Singh, Purnea

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3958 of 2014 In MA 346 of 2006 ====================================================== The State Of Bihar Through Executive Engineer Western Koshi Canal Division, Supaul .... .... Petitioner/s

Versus

M/s Hardeo Singh, Purnea .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Hari Shankar Roy For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 12-05-2016 Heard learned counsel for the petitioner.

M.A. No. 346 of 2006 was dismissed in default on 30.09.2008 for restoration of which M.J.C. No. 231 of 2011 was filed and the same was allowed vide order dated 05.09.2011 subject to payment of cost of Rs. 1500/-. As the cost was not deposited, another M.J.C. No. 322 of 2014 has been filed for modification but, the same was not allowed rather the quantum of cost was enhanced from 1500/- to 5000/-. On deposit of aforesaid amount of Rs. 5000/- vide receipt no. 439 dated 29.04.2014 at Patna High Court Legal Aid Committee, an opportunity has been given to the petitioner to re-agitate the plea after filing fresh petition whereupon instant petition has been drawn up at the end of the petitioner.

Patna High Court MJC No.3958 of 2014 (2) dt.12-05-2016 2/2 In the aforesaid facts and circumstances of the case, M.A. No. 346 of 2006 is directed to be restored to its original status. Consequent thereupon, M.J.C. No. 3958 of 2014 is allowed.

(Aditya Kumar Trivedi, J) ajaypd./- U