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Patna High CourtMJC/1432/2023allowed

Fulmati Devi v. The State Of Bihar

2024-06-28Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1432 of 2023 In Civil Writ Jurisdiction Case No.20363 of 2016 ====================================================== Fulmati Devi wife of Ram Vilash Prasad Resident of Village- Gira, Post Office-Obra, Police Station- Obra, District- Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Secretary, Rural Works Department, Bihar, Patna. 3.

The District Maggistrate, Aurangabad.

4.

The Block Development Officer, Obra, Daudnagar, Aurangabad. 5.

The Circle Officer, Obra, Daudnagar, Aurangabad. 6.

The Executive Engineer, Rural Works Department, Works Division, Aurangabad.

7.

The Assistant Engineer, Rural Works Department, Works Sub Division, Aurangabad.

8.

Mangalam Construction Pvt. Ltd., Sri Krishna Nagar (Ahri), Aurangabad through its Proprietor, namely Kamlesh Singh. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr.Raj Kishore Roy (Gp18) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 28-06-2024 The present petition has been filed for restoration of a writ petition bearing CWJC No. 20363 of 2016, which has stood dismissed on account of non-prosecution by an order dated 10.04.2023.

2.

The learned counsel for the petitioner has submitted that since the petitioner did not receive message regarding the listing of the

Patna High Court MJC No.1432 of 2023(3) dt.28-06-2024 2/2 aforesaid writ petition, he could not appear before this Court on the day the aforesaid writ petition was taken up for hearing, leading to dismissal of the aforesaid writ petition on account of nonprosecution, hence, a sympathetic view be taken and the aforesaid writ petition be restored to its original file.

3.

Having regard to the submission made by the learned counsel for the petitioner as also considering the averments made in the present petition, I deem it fit and proper to restore the aforesaid writ petition bearing CWJC No. 20363 of 2016 to its original file.

4.

The present restoration petition stands allowed.

(Mohit Kumar Shah, J) kanchan/- U