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Patna High CourtMJC/758/2022disposed

Aarti Kumari v. The State Of Bihar

2023-02-15Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.758 of 2022 In Civil Writ Jurisdiction Case No.6843 of 2019 ====================================================== Aarti Kumari Daughter of Chandrika Prasad Chaurasiya Resident of VillageeSrisiya, Post- Srisiya, P.S.- Kchai Kot, District- Gopalganj, Presently wife of Binod Kumar Chaurasiya, Village- Gangauli, P.S.- Masrakh, District- Saran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2.

The Bihar Intermediate Education Council (Higher Secondary) through its Chairman, Budh Marg, Patna.

3.

The Secretary, Bihar Intermediate Education Council (Higher Secondary), Budh Marg, Patna.

4.

The Principal, Sri Mahendra Das Inter College, Nichua Jalalpur, DistrictGopalganj. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Upendra Yadav, Advocate For the Opposite Party/s :

Mr.Smt. Binita Singh (SC 28) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 15-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The present petition has been filed for restoration of a writ petition bearing C.W.J.C. no. 6843 of 2019, which has stood dismissed on account of non-compliance of the peremptory order dated 05.04.2019.

The learned counsel for the petitioner submits that on account of mistake of his office, the defects could be removed, hence, some sympathy be shown and the petitioner be granted

Patna High Court MJC No.758 of 2022(2) dt.15-02-2023 2/2 liberty to remove the defects within a stipulated time frame. Having regard to the aforesaid facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the averments made in the present petition, I deem it fit and appropriate to restore the aforesaid writ petition bearing C.W.J.C. 6843 of 2019, to its original file subject to removal of the defects pointed out by the office, within a period of four weeks from today.

The present petition stands disposed off.

(Mohit Kumar Shah, J) rinkee/- U