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Patna High CourtMJC/1231/2023allowed

Ramdhari 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.1231 of 2023 In Civil Writ Jurisdiction Case No.9636 of 2022 ====================================================== Ramdhari Yadav Son of Late Deo Yadav, Resident of Village-Sahiyar, P.S. Simri, District-Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Commissioner, Patna Division, Patna. 2.

The Commissioner, Patna Division, Patna.

3.

The District Magistrate, Buxar.

4.

The Enquiry Officer-cum-Sub Divisional Officer, Dumraon, District-Buxar. 5.

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.Rishi Raj Sinha (Sc19) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-07-2023

1. For non-compliance of the peremptory order dated 02-09-2022, the writ application bearing CWJC No. 9636 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. 9636 of 2022 stands restored to its original file.

4. The instant MJC is allowed.

5. The petitioner would be at liberty to remove the

Patna High Court MJC No.1231 of 2023(4) dt.26-07-2023 2/2 defects, pursuant to the order dated 02-09-2022 passed in CWJC No. 9636 of 2022, within two weeks.

(Madhuresh Prasad, J) SUMIT/- U