Deepak Sahani And ORS. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1933 of 2014 In Miscellaneous Jurisdiction Case No. 217 of 2009 ====================================================== Deepak Sahani & Ors .... .... Petitioners

Versus

The State of Bihar & Ors .... .... Opp.Parties.

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

For the Petitioner/s : Mr. Ram Kishun Prasad, Adv. For the Respondent/s : Mr. Bindhyachal Rai , Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 26-07-2017 Heard Sri Ram Kishun Prasad, learned counsel for the petitioners and Sri Bindhyachal Rai, learned counsel, who has appeared on behalf of officials of Municipal Corporation, Darbhanga.

The present petition has been filed with a prayer to restore M.J.C.No.217 of 2009, which stood dismissed on 10.04.2014 due to non-prosecution.

Learned counsel for the Municipal Corporation, Darbhanga has opposed the prayer on the plea that the order passed by the writ court has already been complied with. He further submits that prior to order dated 10.04.2014 also, the contempt petition was earlier dismissed due to non-prosecution. However, after hearing the parties and considering the ground set forth in the petition showing the reason for non-appearance, the

Patna High Court MJC No.1933 of 2014 (5) dt.26-07-2017 2/2 Court is of the opinion that it is a fit case for allowing restoration. Accordingly, the restoration petition is allowed. Let M.J.C.No.217 of 2009 be restored to its original file. (Rakesh Kumar, J) NKS/- U