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Patna High CourtMJC/607/2013disposed

Dr. Shesh Nath Tiwary And ANR. v. The State Of Bihar And ORS

2016-03-10Mr. Justice Ramesh Kumar Datta,Mr. Justice Hemant Gupta2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.607 of 2013 In LPA 1853 of 2012 ======================================================

1. Dr. Shesh Nath Tiwary S/O Sita Ram Tiwary Resident Of Bhabhua Town, Ward No. 3, P.S + P.O- Bhabhua, District- Kaimur (Bhabhua)

2. Ramakant Upadhyay S/O Ramadhar Upadhyay Resident Of VillageBheksh, P.O- Akhalashpur, P.S- Bhabhua, District- Kaimur (Bhabhua) .... .... Petitioners

Versus

1. The State Of Bihar

2. The District Magistrate, Kaimur- Cum- President Managing Committee, Mahila Mahavidyalaya, Bhabhua.

3. The Sub- Divisional Officer (S.D.O), Bhabhua-Cum- Secretary, Mahila Mahavidyalaya, Bhabhua.

4. The Vide- Chancellor, Veer Kunwar Singh University, Arrah (Inspector of College)

5. The Registrar, Veer Kunwar Singh University, Arrah (Inspector of College)

6. Dr. Mrs. Tara Singh W/O Sri Krishna Kant Singh C/O Din Bandhu Singh Advocate, Resident Of Bhabhua Town, Ward No. 5, P.S + P.O- Bhabhua, Distt- Kaimur.

.... .... Opp.Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Achhaibar Singh, Advocate For the State : Mr. Sanjeet Kumar Tiwari, AC to AAG-12 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA and HONOURABLE MR. JUSTICE RAMESH KUMAR DATTA ORAL ORDER (Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) 10-03-2016 The application is for restoration of Letters Patent Appeal No. 1853 of 2012 which was dismissed by order dated 11th January, 2013 for non-compliance of the order dated 3rd December, 2012, as against respondent no.6.

Learned counsel for the petitioner submits that there is only one day delay in compliance of the order dated 3rd

Patna High Court MJC No.607 of 2013 (3) dt.10-03-2016 2/2 December, 2012.

Keeping in view the facts and circumstances of the case, the delay of one day in complying with the order dated 3rd December, 2012 is condoned and consequently, LPA No. 1853 of 2012 is restored to its original number. The restoration application is, accordingly, allowed.

List the Letters Patent Appeal under the heading "For Admission" on 31st March, 2016.

(Hemant Gupta, J) (Ramesh Kumar Datta, J) U S.Pandey/-