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Patna High CourtMJC/1230/2023allowed

Bir Bhajan Yadav v. The State Of Bihar

2023-07-26Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1230 of 2023 In Civil Writ Jurisdiction Case No.13242 of 2022 ====================================================== Bir Bhajan Yadav Son of Late Singhasan Yadav, Resident of Village- Akauna, P.S. Simri, District- Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar Bihar.

2.

The Principal Secretary, Department of Home, Govt. of Bihar, Patna. 3.

The Commissioner, Patna Division, Patna.

4.

The District Magistrate, Buxar.

5.

The Enquiry Officer-cum-Sub Divisional Officer, Dumraon, District- Buxar. 6.

The Presenting Officer-cum-Circle Officer, Simri, District- Buxar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Awadhesh Kumar Mishra For the Opposite Party/s :

Mr.Md. Nasrul Hoda Khan (Sc1) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-07-2023

1. For non-compliance of the peremptory order dated 06-12-2022, the writ application bearing CWJC No. 13242 of 2022 was dismissed.

2. The learned counsel for the petitioner submits that in spite of due diligence the same could not be carried out due to a communication gap between his office and the petitioner.

3. The said submission is accepted as sufficient cause for restoration. The CWJC No. 13242 of 2022 stands restored to its original file.

4. The instant MJC is allowed.

Patna High Court MJC No.1230 of 2023(4) dt.26-07-2023 2/2

5. The petitioner would be at liberty to remove the defects, pursuant to the order dated 06-12-2022 passed in CWJC No. 13242 of 2022, within two weeks.

(Madhuresh Prasad, J) SUMIT/- U