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Patna High CourtMJC/1565/2023allowed

Md. Majnain v. The Union Of India

2024-07-05Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1565 of 2023 In Civil Writ Jurisdiction Case No.12151 of 2022 ====================================================== Md. Majnain S/O- Md. Amrullah, R/O Village- Rai Tola, Nimuee, P.S.- Sugauli, District- East Champaran.

... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Department of Defence, New Delhi.

2.

Major, Offg, Commanding Officer, 17 Rajput , Pin 912117, C/O 56 APO. 3.

The State of Bihar through the Joint Secretary, Revenue and Land Reforms Department, Govt. of Bihar at Patna.

4.

The Collector of East Champaran at Motihari.

5.

The Addl. Collector, East Champaran at Motihari. 6.

The LRDC, Motihari Sadar, East Champaran.

7.

The Circle Officer, Anchal Banjaria, East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar No.1, Adv.

For the Opposite Party/s :

Mr.Additional Solicitor General For the Army :

Mr.Anshay Bahadur Mathur, CGC ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-07-2024

1. The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No.12151 of 2022, which has stood dismissed for want of prosecution vide order dated 02.05.2023.

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 writ petition was dismissed for want of prosecution, thus a sympathetic view be taken and the

Patna High Court MJC No.1565 of 2023(3) dt.05-07-2024 2/2 aforesaid writ petition be restored to its original file.

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 appropriate to direct for restoration of the aforesaid writ petition bearing C.W.J.C. No. 12151 of 2022 to its original file.

4. The present petition stands allowed.

(Mohit Kumar Shah, J) sonal/- U