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Patna High CourtCWJC/7016/2022disposed

Harikant Tiwari v. The State Of Bihar

2022-10-12Mr. Justice Ashutosh Kumar,Mr. Justice Jitendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7016 of 2022 ====================================================== Harikant Tiwari Son of Ramyash Tiwari Resident of Vilage-Madarna, P.S.- Vaishali, District-Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Commissioner, Tirhut Division at Muzaffarpur.

2.

The District Magistrate Cum Collector, Vaishali. 3.

The Sub-Divisional Officer (SDO), Hajipur, Vaishali ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Sharma, Adv.

For the Respondent/s :

Mr.S. Raza Ahmad (AAG5) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR and HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR) Date : 12-10-2022 Heard learned counsel for the petitioner and the State. This Court had vide order dated 02.12.2019 passed in CWJC No. 5692 of 2019 permitted the petitioner to withdraw his petition in order to enable him to avail his legal remedy of preferring a revision petition before the Commissioner, Tirhut Division, Muzaffarpur.

It appears from the order impugned that since the Court did not observe that any limitation having come in the way is required to be condoned, the Revisional Authority refused to condone the delay of five months in preferring the revision petition.

Patna High Court CWJC No.7016 of 2022 dt.12-10-2022 2/2 We set aside the order dated 23.08.2021/10.02.2022 and direct the Revisional Authority to hear the revision petition preferred by the petitioner for which a fresh copy of the memo of revision shall be furnished by the petitioner within a period of sixty days.

After hearing the parties, a reasoned order shall be passed by the Revisional Authority, which order shall be made available to the petitioner.

The entire exercise be concluded within a period of ninety days.

The writ petition disposed of accordingly.

(Ashutosh Kumar, J) ( Jitendra Kumar, J) rishi/- AFR/NAFR NAFR CAV DATE NA Uploading Date 13.10.2022 Transmission Date