Malika Khushboo Ali @ Malika Khushbu Ali @ Khushbi Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1343 of 2025 In Civil Writ Jurisdiction Case No.1571 of 2020 ====================================================== 1.
Malika Khushboo Ali @ Malika Khushbu Ali @ Khushbi Ali daughter of Late Syed Kalim @ Late Md.Kalim Haidar resident of Ward No 10, Pakdi Bazar,Paithan Patti, P.S-Motihari Town, District-East Champaran, Bihar 2.
Malka Noor Ali @ Malka Nur Ali @ Malka Ali daughter of Late Syed Kalim @ Late Md.Kalim Haidar resident of Ward No 10, Near Pakari School, Pakri Bazar Paithan Patti, P.S-Motihari Town,District-East Champaran Bihar.
... ... Petitioner/s
Versus
1.
The State of Bihar.
2.
The District Magistrate East Champaran, Motihari 3.
The Additional Collector, East Champaran Motihari 4.
The land Reform Deputy Collector Sadar Motihari, 5.
The Nagar Parisad Motihari, East Champaran represented through the Excutive Officer, Nagar Parishad Motihari, East Champaran 6.
The Circle officer Motihari Town East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vijay Shankar Shrivastava, Advocate For the Opposite Party/s :
Mr.Standing Counsel 25 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-05-2025
1. The present petition has been filed for restoration of a writ petition bearing CWJC No.1571 of 2020, which has stood dismissed for default on account of non-compliance of the peremptory order dated 23.10.2024, passed in CWJC No.1571 of 2020.
2. The learned counsel for the petitioners has submitted that on account of certain difficulty and impending
Patna High Court MJC No.1343 of 2025(2) dt.09-05-2025 2/2 problems, he could not serve the copy of the writ petition upon the learned counsel for the respondent no.5 i.e. Nagar Parishad, Motihari at East Champaran within the stipulated time frame, hence the aforesaid writ petition has been dismissed for default, thus a sympathetic view be taken and the aforesaid writ petition be restored to its original file.
3. Having regard to the submission made by the learned counsel for the petitioner as also considering the averments made in the present petition, I deem it fit and proper to restore the aforesaid writ petition bearing CWJC No.1571 of 2020 to its original file, however, subject to the petitioner serving two copies of the writ petition upon the learned counsel appearing for the respondent no.5 and filing acknowledgment slip, thereof before the Registry of this Court within a period of four weeks from today.
4. The present restoration petition stands disposed off on the aforesaid terms.
(Mohit Kumar Shah, J) Saurav/- U