Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1486 of 2019 In Civil Writ Jurisdiction Case No.2909 of 2016 ====================================================== Navin Kumar, aged about 53 years, Son of Sri Bhgawan Singh Resident of Village - Palidih, P.S. - Bhagwanpur, District - Begusarai. ... ... Petitioner

Versus

1.

The State of Bihar through the Commissioner, Commercial Taxes-cumPrincipal Secretary (Govt. of Bihar), Patna 2.

The Secretary to the Government Finance (Commercial Taxes), Department of Bihar, Patna 3.

District Magistrate Bhojpur at Ara 4.

Deputy Development Commissioner Bhojpur at Ara ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Ranjeet Kumar, Adv.

For the State :

Mr. Rewti Kant Raman AC to SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-11-2022 Heard learned counsel for the petitioner and learned counsel for the State.

The present petition has been filed for restoration of CWJC No 2909 of 2016 which stood dismissed for want of prosecution by order dated 03-04-2019.

It is submitted that counsel appearing in CWJC No. 2909 of 2016 was on legs before another Bench, and by the time the counsel could reach the Court, when the matter was called out on 03-04-2019, the same was taken up and dismissed in default of appearance.

It is submitted by the petitioner's counsel that the

Patna High Court MJC No.1486 of 2019(2) dt.02-11-2022 2/2 petitioner's non-appearance was in spite of due diligence. The reasons stated in the restoration petition are accepted as sufficient cause for restoration of the instant petition. Accordingly, CWJC No. 2909 of 2016 is restored to its original file and number.

The restoration petition is allowed.

(Madhuresh Prasad, J) shyambihari/- U