Patna High CourtMJC/1177/2015allowed

Abhimanyu Prasad Verma And ANR v. The State Of Bihar And ORS

2015-09-02Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1177 of 2015 In Civil Writ Jurisdiction Case No. 7597 of 2000 ======================================================

1. Abhimanyu Prasad Verma S/o Bishno Pd. Verma B/2, Vivekanand Park, Pataliputra Colony, P.S. Pataliputra, District Patna.

2. Ramshray Singh S/o Late Rajendra Singh Road No. 1, Quarter No. 24, New Pataliputra Colony, P.S. Pataliputra Colony, and District Patna. .... .... Petitioners

Versus

1. The State of Bihar through the Secretary, Science and Technology Department, New Secretariat, Patna.

2. Director, Science and Technology Department, New Secretariat, Govt. of Bihar, Patna.

3. Managing Director, Bihar State Agro Industries Development Corporation Limited, Sinha Library Road, Patna. .... .... Respondents-Opp.Parties.

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

For the Petitioner/s : Mr. Ravi Shankar For the State : Ms. Madhubala Verma, AC to GA-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 02-09-2015 Heard the learned counsel for the petitioner and counsel for the State.

The application seeks restoration of CWJC No. 7597 of 2000 to its original file and number by recall of order dated 01.04.2015 whereby the writ petition was dismissed for nonprosecution. The present application filed on 15.5.2015 is supported by an affidavit affirmed by the advocate's clerk. The petitioner explained the circumstances under which the counsel

Patna High Court MJC No.1177 of 2015 (2) dt.02-09-2015 2/2 could not appear on call on the date when the writ petition was taken up for hearing. Drawing attention of the Court to the order passed on the writ petition, it has been submitted that in the case of success the petitioner would get at least some monetary benefits.

Considering the statements made in the application and the submissions made in support thereof and after hearing both sides, the application is allowed. The order dated 01.04.2015 is recalled subject to deposit of a cost in the sum of Rs. 500/- with the Patna High Court Legal Aid Committee and filing receipt thereof within two weeks.

(Kishore Kumar Mandal, J) Shyam/- U