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Patna High CourtMJC/1667/2024allowed

Malati Kumari v. The State Of Bihar Through Principal Secretary, Social Welfare Department, Govt. Of Bihar, Patna

2024-08-30Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1667 of 2024 In Civil Writ Jurisdiction Case No.17279 of 2022 ====================================================== Malati Kumari Wife of Raj Kapoor Prasad Yadav, Resident of VillageSuryapura, P.O.- Kishunpura, P.S.- Basantpur, District- Siwan. ... ... Petitioner/s

Versus

1.

The State of Bihar through Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna Govt. of Bihar, Patna.

2.

The Principal Secretary, Social Welfare Department, Govt. of Bihar, Patna. 3.

The Director, I.C.D.S (Social Welfare Department), Govt. of Bihar, Patna. 4.

The Commissioner, Saran Division, at Chhapra. 5.

The District Magistrate, Saran, District- Saran at Chhapra. 6.

The District Programme Officer, ICDS, Saran, District- Saran at Chhapra. 7.

The Child Development Project Officer, Lakarinabiganj, District- Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra, Advocate For the Opposite Party/s :

Government Pleader 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 30-08-2024 The present petition has been filed for restoration of a writ petition bearing CWJC No.17279 of 2022, which has stood dismissed on account of non-prosecution by an order dated 09.04.2024.

2.

The learned counsel for the petitioner has submitted that since the counsel for the petitioner was engaged in another Court, he could not appear when the case was called out for hearing, hence, the aforesaid petition was dismissed on account of non- prosecution.

Patna High Court MJC No.1667 of 2024(2) dt.30-08-2024 2/2 3.

Having regard to the facts and circumstances of the case, considering the submissions 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. 17279 of 2022 to its original file. 4.

The present restoration petition stands allowed. (Mohit Kumar Shah, J) kanchan/- U