Chandra Mohan Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1057 of 2023 In Civil Writ Jurisdiction Case No.23426 of 2013 ====================================================== Chandra Mohan Jha Son of Late Babu Kusheshwear Jha Resident of VillageJagannathpur Dakhram, Police Station and Sub- Registration Office- Bahera, Anchal and Sub- Division Office- Benipur, District- Darbhanga. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Collector, Darbhanga at and P.O. Laheriasarai, District- Darbhanga. 3.

The Anchal Adhikari, Benipur, P.O. Benipur, District- Darbhanga. 4.

Middle English School, Dakhram, through its Head Master, at and P.O. Dakhram, District- Darbhanga.

5.

Shri Choudhary Mani Kant Rai, Son of Late Babu Choudhary Ram Prakash Rai Resident of Village- Jagannathpur Dakhram Police Station and SubRegistration Office, Bahera, Anchal and Sub- Division Benipur, DistrictDarbhanga. 6.

Surya Mohan Jha, Son of Late Babu Kusheshwear Jha Resident of VillageJagannathpur Dakhram Police Station and Sub- Registration Office, Bahera, Anchal and Sub- Division Office Benipur, District- Darbhanga. 7.

Vijay Nath Jha, Son of Kulakant Jha Resident of Village- Dakhram Police Station Bahera, District- Darbhanga.

8.

Devendra Jha, Son of Late Ram Swaroop Jha Resident of Village- Dakhram Police Station Bahera, District- Darbhanga.

9.

Laxmi Narayan Jha, Son of Late Saukhi Lal Jha Resident of VillageDakhram Police Station Bahera, District- Darbhanga. 10.

Surendra Jha, Son of Late Sarv Narayan Jha Resident of Village- Dakhram Police Station Bahera, District- Darbhanga.

11.

Raju Jha, Son of Late Shobha Kant Jha Resident of Village- Dakhram Police Station Bahera, District- Darbhanga.

12.

Upgraded Middle School, Dakhram, through its Head Master, VillageDakhram, Police Station- Bahera, District- Darbhanga. 13.

District Education Officer, Darbhanga.

14.

Commissioner, Darbhanga Division, Darbhanga.

Patna High Court MJC No.1057 of 2023(3) dt.04-04-2025 2/3 15.

Dy. Collector Land Reforms Benipur, District- Darbhanga. 16.

Mani Kant Roy, Son of Late Ram Prakash Roy Resident of VillageDakhram Police Station Bahera, District- Darbhanga. 17.

Fulkant Roy, Son of Late Ram Prakash Roy Resident of Village- Dakhram Police Station Bahera, District- Darbhanga.

18.

Bipin Kumar Roy, Son of Late Ram Prakash Roy Resident of VillageDakhram Police Station Bahera, District- Darbhanga. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Swati Mishra, Adv.

For the Opposite Party/s :

Mr.Md. Khurshid Alam (Aag 12) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-04-2025 The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No. 23426 of 2013, which has stood dismissed for non-prosecution, vide order dated 17.03.2023.

2.

The learned counsel for the petitioner has submitted that since the counsel for the petitioner was engaged in another Court, he could not appear when the case was called out for hearing, hence, the aforesaid writ petition was dismissed for non-prosecution, thus a sympathetic view be taken and the aforesaid writ petition be restored to its original file. 3.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also considering the averments made in the present

Patna High Court MJC No.1057 of 2023(3) dt.04-04-2025 3/3 petition, I deem it fit and appropriate to direct for restoration of the aforesaid writ petition bearing C.W.J.C. No. 23426 of 2013 to its original file.

4.

Accordingly, the present restoration petition stands allowed.

(Mohit Kumar Shah, J) Ajay/- U