Sudhir Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1456 of 2024 In Civil Writ Jurisdiction Case No.12481 of 2019 ====================================================== Sudhir Kumar Singh Late Janardan Prasad Singh Resident of VillageNawada, Police Station- Naugachia, District- Bhagalpur. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Land and Revenue Department, Government of Bihar, Patna.

2.

The District Magistrate, Bhagalpur.

3.

The District Provident Officer, Bhagalpur.

4.

The District Panchayati Raj Officer, Bhagalpur. 5.

The Block Development Officer, Bhagalpur.

6.

The Accountant General, office of the Accountant General (A and D) Bihar,Patna 7.

The Senior Accountant Officer, office of the Accountant General(A and E), Govt. of Bihar,Patna Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhir Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Government Advocate 5 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 20-09-2024 The present petition has been filed for restoration of a writ petition bearing CWJC No. 12481 of 2019, which has stood dismissed for default on account of non-compliance of the peremptory order dated 24.6.2019.

2.

The learned counsel appearing in the present case, submits that the earlier counsel, who was Advocate on record in the aforesaid writ petition, neither took steps to remove the defects, as pointed out by the registry, nor informed the

Patna High Court MJC No.1456 of 2024(3) dt.20-09-2024 2/2 petitioner about the same, muchless, being in touch with the petitioner, leading to the petitioner subsequently engaging the present counsel, who has appeared in the present case, after taking no objection certificate from the earlier counsel. Nonetheless, it is submitted that the defects, as pointed out by the registry, if not removed, would definitely be removed within a period of two weeks from today, hence, a sympathetic view be taken and the aforesaid petition be restored to its original file. 3.

Having regard to the facts and circumstances of the case and considering the averments made by the learned counsel for the petitioner, I deem it fit and proper to direct for restoration of the aforesaid writ petition bearing CWJC No. 12481 of 2019 to its original file, subject to removal of defects by the petitioner within a period of two weeks from today.

4.

Accordingly, the present restoration petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U