Patna High CourtMJC/2852/2017disposed

Ragho Mistry @ Raghav Mistry v. The State Of Bihar And ORS

2018-08-01Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2852 of 2017 In Civil Writ Jurisdiction Case No. 10423 of 2006 ======================================================

1. Ragho Mistry @ Raghav Mistry, Son of Sheo Balak Mistry, Resident of Village- Jurahi, P.S.- Madanpur, District- Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Additional Member, Board of Revenue, Bihar, Patna.

3. The Additional Collector, Aurangabad.

4. The Deputy Collector, Land Reforms, Aurangabad.

5. Deo Shankar Sao,

6. Gauri Shankar Sao, Both 5 & 6 are sons of Late Mahabir Sao,

7. Kameshwar Pathak, Son of Raja Pathak, All are resident of VillageUmga Tola Bang Bangri, P.S.- Madanpur, District- Aurangabad. .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailesh Kumar Singh For the Respondent/s : Mr. Khurshid Alam - Aag 12 ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 01-08-2018 This petition has been filed for restoration of CWJC No.10423 of 2006 which stood dismissed due to non compliance of peremptory order dated 27.01.2017.

Learned counsel appearing for the petitioner submits that vide order dated 27.01.2017 passed in CWJC No.10423 of 2006, the petitioner was directed to file requisites for issuance of notices to the proposed legal heirs of deceased respondent no. 7 but unfortunately, the aforesaid requisites could not be filed in time.

Patna High Court MJC No.2852 of 2017 (4) dt.01-08-2018 2/2 However, necessary requisites were filed after expiry of the period fixed by this Court.

In view of the aforesaid submission, this restoration petition is allowed and accordingly, CWJC No. 10423 of 2006 is restored to its original file and number.

The office should take steps for issuance of notices to the proposed legal heirs of respondent no. 7 in the light of order dated 27.01.2017, if the necessary requisites had already been filed.

In the aforesaid manner, this petition stands disposed of.

(Hemant Kumar Srivastava, J) N.K/- U