Prakash Prasad Yadav v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2863 of 2016 In Civil Writ Jurisdiction Case No.20391 of 2011 ====================================================== Prakash Prasad Yadav Son of Late Ramji Prasad Yadav, Residents of VillageSare, P.S.- Sare, District- Nalanda, presently residing at Nagadah, P.S. Muffasil, District- Begusarai.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Chief Secretary 2.

The Collector, Begusarai.

3.

The Director, Employment and Training, Government of Bihar, New Secretariat, Patna.

4.

The Accountant General, Government of Bihar, Birchand Patel Marg, Patna. 5.

The District Accountant Officer, Begusarai.

6.

The Principal, Industrial Training Institute, Begusarai. 7.

The District Provident Fund Officer, Begusarai. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mrs. Binita Singh, SC-28 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 09-12-2021 Re: I.A. No. 1 of 2019 The instant Interlocutory Application has been filed for substitution of the original petitioner namely Shri Prakash Prasad Yadav, son of Late Ramji Prasad Yadav, who expired on 17.08.2018 leaving behind the following legal heir:- " i) Mahapati Devi, Aged 58 Years, Female, W/O Late

Patna High Court MJC No.2863 of 2016 dt.09-12-2021 2/3 Prakash Prasad Yadav, residing at Ward No. 13, Nagdh, P.S.- Mufassil, District-Begusarai."

Having heard learned counsel for the parties as also perused the record, I allow the Interlocutory Application and direct that the aforesaid legal heir of the original petitioner namely Mahapati Devi, Aged 58 Years, Female, W/O Late Prakash Prasad Yadav, residing at Ward No. 13, Nagdh, P.S.- Mufassil, District-Begusarai be substituted in place of the original petitioner.

Registry to make necessary correction in the cause title of both the digital as also the physical file. Re: M.J.C. No. 2863 of 2016 The instant petition stands filed for restoration of CWJC No. 20391 of 2011, titled as Prakash Prasad Yadav Vs. The State of Bihar & Ors., which stood dismissed for nonprosecution, vide order dated 03.12.2015, passed by a coordinate Bench of this Court.

The instant petition for restoration was filed immediately and cause sufficient enough emanates therefrom. For the reasons assigned, the application is allowed. The order dated 3rd of December, 2015 passed in CWJC No. 20391 of 2011, titled as Prakash Prasad Yadav Vs. The State of

Patna High Court MJC No.2863 of 2016 dt.09-12-2021 3/3 Bihar & Ors., is recalled and the petition is restored to its original number and position.

(Sanjay Karol, CJ) P.K.P./Amrendra AFR/NAFR CAV DATE Uploading Date 10.12.2021 Transmission Date