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Patna High CourtMJC/1262/2024allowed

Kartikesh Kumar Jha v. The State Of Bihar

2024-05-17Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1262 of 2024 In Civil Writ Jurisdiction Case No.4555 of 2024 ====================================================== Kartikesh Kumar Jha S/o Nabo Nath Jha resident of- Mukhiya Gali No. 5/2, North of Mukhiya Pokhar, Lakshmisagar, P.O.- Lakshmisagar, P.S.- Lalit Narayan Mithila University Police Station, Town and District- Darbhanga846009 ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Food and Consumer Protection Department, Government of Bihar, Patna 2.

The Additional Chief Secretary Food and Consumer Protection Department, Government of Bihar, Patna 3.

The Bihar Combined Entrance Competitive Examination Board, I.A.S. Association Building, Near Patna Airport, Patna- 800014 thorugh its Chairman.

4.

The Chairman Bihar Combined Entrance Competitive Examination Board, I.A.S. Association Building, Near Patna Airport, Patna- 800014 through its Chairman 5.

The Bihar State Food and Civil Supplies Corporation Limited, Khadya Bhawan, R Block, Daroga Prasad Rai Path, Road No. 2, Patna, through its Managing Director 6.

The Managing Director, Bihar State Food and Civil Supplies Corporation Limited, Khadya Bhawan, R Block, Daroga Prasad Rai Path, Road No. 2, Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Jha, Advocate For the Opposite Party/s :

Mr.Ajay Behari, GA-8 Mr.Neeraj Raj, AC to GA-8 For BSF :

Mr.Shailendra Kumar, Sr.Advocate Mr.Utkarsh Utpal, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-05-2024

1. The present petition has been filed for restoration of a writ petition bearing CWJC No.4555 of 2024, which has stood dismissed for want of prosecution, by an order dated 22.03.2024.

Patna High Court MJC No.1262 of 2024(2) dt.17-05-2024 2/2

2. The learned counsel for the petitioner has submitted that on account of certain personal engagements, he had gone to his native village and moreover, the daily cause list could also not be marked by the advocate clerk since he was ill, resulting in non-appearance of the learned counsel for the petitioner at the time when the case was called out for hearing, leading to dismissal of the aforesaid writ petition for want of prosecution, hence it is submitted that a sympathetic view be taken and the aforesaid writ petition be restored to its original file.

3. Having regard to the submissions 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.4555 of 2024 to its original file.

4. The present restoration petition stands allowed. (Mohit Kumar Shah, J) Saurav/- U