Smt. Indu Devi v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1180 of 2017 In Civil Writ Jurisdiction Case No. 5100 of 2009 ====================================================== Smt. Indu Devi .... .... Petitioner

Versus

The Union of India & Ors .... .... Opp.Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Shaukat Alam, Adv. For the Respondent/s : Mr. Rajesh Kumar Verma, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 09-08-2017 Heard Mr.Shaukat Alam, learned counsel for the petitioner and Sri Rajesh Kumar Verma, learned counsel for the Union of India.

The present petition has been filed with a prayer to restore C.W.J.C.No.5100 of 2009, which stood dismissed on 21.03.2017 due to non-prosecution.

At the very outset, Sri Rajesh Kumar Verma, learned counsel for the Union of India submits that besides dismissing the writ petition due to non-prosecution, the writ petition itself was not maintainable. However, it is fact that the writ petition was primarily rejected due to non-prosecution. Since the ground of non-prosecution has already been explained in the petition, restoration petition is allowed. Let C.W.J.C.No.5100 of 2009 be restored to its

Patna High Court MJC No.1180 of 2017 (3) dt.09-08-2017 2/2 original file.

(Rakesh Kumar, J) NKS/- U