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Patna High CourtMJC/596/2017allowed

Chhote Prasad Karn v. The State Of Bihar And ORS

2020-02-05Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.596 of 2017 In Civil Writ Jurisdiction Case No.6397 of 2014 ====================================================== Chhote Prasad Karn Son Of Late Baldeo Lal Resident Of Village- Pakri, P.O.- Janardanpur, P.S.- Kalyanpur, District- Samastipur at present residing at Main Road, Mirjapur Nohta, P.O. and P.S.- Fatuha, District Patna ... ... Petitioner

Versus

1.

The State of Bihar 2.

The Principal Secretary, Department Of Cooperative, Government Of Bihar, Vikas Bhawan, New Secretariat, Patna.

3.

The Registrar, Cooperative Societies, Department Of Cooperative, Government of Bihar, Vikas Bhawan, New Secretariat, Patna. 4.

The Joint-Registrar, Cooperatives Societies, Department of Cooperative, Patna Division, Patna Cum-Liquidator, Fathua-Phulwarisharif Gramaya Vidyut Sahakari Samati Limited, Patna.

5.

The Commissioner, Regional Employees Provident, Patna ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr.Ugranath Mallik, Advocate For the Opposite Party-State:

Mr.Raj Ballabh Prasad Yadav - AAG 11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-02-2020 Heard learned counsel for the petitioner and learned counsel for the State.

The instant application has been filed by the petitioner for restoration of CWJC No.6397 of 2014, which was dismissed for want of prosecution on 20.02.2017.

It is submitted by the learned counsel for the State that

Patna High Court MJC No.596 of 2017(4) dt.05-02-2020 2/2 there is no deliberate laches on the part of the petitioner. As a matter of fact, on 20.02.2017, the younger sister of the counsel for the petitioner was married and, as such, learned counsel for the petitioner did not come to the Court on that day. Learned counsel for the State does not oppose the prayer for restoration of the writ petition.

Considering the submissions made by the learned counsel for the petitioner, the prayer for restoration of the writ petition is allowed.

CWJC No.6397 of 2014 is directed to be restored to its original file.

(Ashwani Kumar Singh, J) kanchan/- U