Upendra Sigh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1053 of 2023 In Civil Writ Jurisdiction Case No.14235 of 2015 ====================================================== 1.

Upendra Sigh Son of Lat Brajnandan Singh, Resident of village- Khauara, Post Cheor, P.S.- Harnaut, District- Nalanda, at present Assistant Professorcum-Junior Scientist (senior scale), Sanjay Gandhi Institute of Dairy Science and Technology, Jagdeopath, PO Bihar Veterinary college campus, Patna800014. 2.

Krishna Murari Son of Late Bankey Das, Resident of village and PostDosut, P.S. Wena, District- Nalanda, at present Assistant Professor cum Junior Scientist (selection scale), Sanjay Gandhi Institute of Dairy Science and Technology, Jagdeopath, PO Bihar Veterinary college campus, Patna800014. ... ... Petitioner/s

Versus

1.

The State of Bihar through Agriculture Production Commissioner, Department of Agriculture (APS) Vikash Bhawan, Patna. 2.

The Bihar Agriculture University Sabour through its Registrar having its head quarter at Sabour District Bhagalpur, Bihar. 3.

The Vice Chancellor, Bihar Agriculture University at Sabour, District Bhagalpur, Bihar 4.

The Director Administration, Bihar Agriculture University at Sabour, District Bhagalpur, Bihar.

5.

The Rajendra Agricultural University, Bihar through its Registrar, having Head Quarter at Pusa, District Samastipur, Bihar 6.

The Director Administration, Rajendra Agricultural University, Bihar, Pusa, District- Samastipur, Bihar.

7.

The Dean, Faculty of Diary Technology Sanjay Gandhi Institute of Dairy Science and Technology, Jagdeopath, P.O.- B.V College Campus, Patna800014. 8.

The Hon'ble Chancellor, Agricultural University, Bihar Raj Bhawan, Patna. 9.

Mahesh Narayan Singh Son of Late Dwarikasingh, Resident of villageChajan, Police Station Turki, District- Muzaffarpur and University Professor cum Chief Scientist, Sanjay Gandhi Institute of Dairy Science and Technology, Jagdeopath, P.O.- B.V. College Campus, P.S.- Airport, Patna800014 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Priyank Deepak, Advocate For the Opposite Party/s :

Mr.Raghwanand (GA 11) :

Mr. Sanjay Kr. Tiwari, AC to GA 11 For BASU :

Mr. Anjani Kumar, Sr. Advocate :

Mr. Alok Kr. Rahi, Advocate

Patna High Court MJC No.1053 of 2023(3) dt.02-02-2024 2/2 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-02-2024 1.

Heard learned counsel for the parties concerned. 2.

The present petition has been filed for restoration of a writ petition bearing C.W.J.C. no. 14235 of 2015, which has stood dismissed on account of non-prosecution vide order dated 21.12.2022.

3.

Learned counsel for the petitioner submits that due to bonafide mistake, he could not appear on 21.12.2022, when the case was called out, hence, a sympathetic view may be taken and the aforesaid writ application be restored to its original file. 4.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also 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. no. 14235 of 2015 to its original file.

5.

The present petition stands allowed.

(Anil Kumar Sinha, J) rinkee/- U