The Managing Director Bihar State Housing Board And ORS v. Satyam Tetarway And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2300 of 2015 In Letters Patent Appeal No.299 of 2013 ====================================================== 1.

The Managing Director Bihar State Housing Board and Ors 2.

The Revenue Officer, Bihar State Housing Board, Mangles Road, Patna. 3.

The Executive Engineer, Circle-3, Patna, Bihar State Housing Board, Bahadurpur, Patna.

... ... Petitioner/s

Versus

1.

Satyam Tetarway and Ors son of Late Amar Nath Tetarway, Flat No. 14 , Block-2, Madhuban Housing Board Complex, Malahi Paka 2.

Shivam Tetarway, son of Late Amar NathTetarway, Flat No. 14 , Block-2, Madhuban Housing Board Complex, Malahi Pakari, 3.

The State of Bihar through the Secretary, Building Construction and Housing Department, Vishwashara ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

For the Opposite Party/s :

Mr. Raghwanand, GA 11 Mr. Prabhat Kumar, AC to GA 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 09-01-2025 None appears for the petitioners.

2. Petitioners have sought for recalling the order dated 28.06.2013 by which LPA No. 299 of 2013 was dismissed for non-prosecution. There is delay in filing the present MJC application, to that effect I.A. No. 7315 of 2015 has been filed.

3. For the reasons stated in the application read with affidavit, I.A. No. 7315 of 2015 stands allowed. In the interest

Patna High Court MJC No.2300 of 2015(2) dt.09-01-2025 2/2 of petitioners order dated 28.06.2013 passed in LPA No. 299 of 2013 stands recalled. LPA No. 299 of 2013 restored on the file. Registry is hereby directed to list LPA No. 299 of 2013 before the concerned Roster Bench at the earliest.

4. Accordingly, present MJC No. 2300 of 2015 is allowed subject to payment of cost of Rs. 5,000/- (Rupees Five Thousand). Cost shall be remitted in the Patna High Court Legal Services Committee within a period of four weeks. (P. B. Bajanthri, J) (Ashok Kumar Pandey, J) GAURAV S./- U