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Patna High CourtMJC/1309/2023allowed

Kripa Shankar Pandey v. The State Of Bihar Through The Principal Secretary,

2023-09-01Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1309 of 2023 In Civil Writ Jurisdiction Case No.11272 of 2022 ====================================================== Kripa Shankar Pandey Son of Late Chakradhar Pandey Resident of Kamalnagar Colony, P.S. - Mojahidpur, Kutubganj, District - Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Home, Govt. of Bihar, Patna.

2.

Home Commissioner, Govt. of Bihar, Patna.

3.

I.G. Prison Home Department, Govt. of Bihar, Patna. 4.

Director Home (Jail), Govt. of Bihar, Patna.

5.

Commissioner Purnia Division, Purnia, Bihar.

6.

The Jail Superintendent, Bettia, Dist.- West Champaran, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar Singh, Adv For the Opposite Party/s :

Mr.P.K. Shahi (AG) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 01-09-2023

1. For non-compliance of the peremptory order dated 11-10-2022, the writ application bearing CWJC No. 11272 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. CWJC No. 11272 of 2022 stands restored to its original file.

4. The instant MJC is allowed.

Patna High Court MJC No.1309 of 2023(3) dt.01-09-2023 2/2

5. The petitioner would be at liberty to remove the defects, pursuant to the order dated 11-10-2022 passed in CWJC No. 11272 of 2022, within two weeks.

(Madhuresh Prasad, J) SUMIT/- U