Dharmendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1553 of 2024 In Civil Writ Jurisdiction Case No.17886 of 2021 ====================================================== Dharmendra Kumar S/o Late Jitan Choudhary, R/o 276 AP Colony, PO and PS Rampur, District Gaya, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar through Chief Secretary Government of Bihar, Patna. 2.

The Commissioner, Magadh Division, Gaya.

3.

The district Magistrate, Gaya, Gaya 4.

The B.D.O Nim Chak Bathani, Gaya.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashutosh Nath, Advocate For the Opposite Party/s :

Standing Counsel-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-06-2026 At the outset, the Ld. Counsel for the petitioner submits that in compliance of the earlier order of this Court dated 08.05.2026, 'No Objection' has been obtained from the earlier counsel on the Vakalatnama to be filed by the present counsel in the connected writ petition i.e. CWJC No. 17886 of 2021 and the same would definitely be filed in the connected writ petition as soon as the same is restored.

2.

The present restoration petition has been filed for restoring a writ petition bearing C.W.J.C. No. 17886 of 2021, which was dismissed for non-prosecution by an order dated 28.02.2024.

3.

The learned counsel for the petitioner submits that the

Patna High Court MJC No.1553 of 2024(4) dt.19-06-2026 2/2 writ petition was listed for hearing for the first time after four years on 28.02.2024 and till that date the present counsel's name could not be updated in the record, hence nobody could appear before this Court, thus it is submitted that a lenient view be taken and the aforesaid writ petition be restored to its original file.

4.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner as also taking into account the averments made in the present petition, I deem it fit and appropriate to direct for restoration of the aforesaid writ petition bearing C.W.J.C. No. 17886 of 2021 to its original file.

5.

The present petition stands allowed.

(Mohit Kumar Shah, J) S.Sb/- U