Patna High CourtMJC/1578/2017allowed

Jeet Jal Jitendra v. The Union Of India And ORS

2018-08-20Mr. Justice Jyoti Saran,Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1578 of 2017 In LPA 1106 of 2014 ====================================================== Jeet Jal Jitendra, Army No. 1516264 on, Son of Jang Bahadur Singh, Resident of Village-Bikram Bigha, Post Office- Dhanau, Police StationNasriganj, District-Rohtas. .... .... Petitioner

Versus

1. The Union of India, through the Secretary, Ministry of Defence, South Block Raisina Hills, New Delhi 110011.

2. The Chief Of the Army Staff, Sena Bhawan, New Delhi.

3. The Brigadior, 7, Infantry Brigade, 56 APO.

4. The Brigadior, Arty Record, Nasik Road C/o 56 APo

5. The Major, Bty. Cor. H.Q. Bty. 141 Fd. Regiment (Kargil).

6. The Commanding Officer, 141 Fd. Regim (Kargil) C/o 56 APO.

7. The Captain, Arty Romeo Battery 141 Fd. Regiment (Kargil). .... .... Opp.Parties ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar Mishra For the Respondent/s : Mr. S.D Sanjay (Addl. Soc. Gen.) ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 20-08-2018 Re: I.A.No. 6313/2017 Heard Mr. Vijay Kumar Mishra, learned counsel for the petitioner and Mr. Rakesh Kumar Sinha, learned Central Govt. Counsel, for the opposite parties.

This interlocutory application has been filed for condonation of delay of 1 month and 8 days in filing the restoration application.

We have heard learned counsel for the parties and have perused the reasons assigned and are satisfied by the explanation

Patna High Court MJC No.1578 of 2017 (4) dt.20-08-2018 so given for delay in filing of the restoration application. I.A.No. 6313/2017 is allowed.

Re: M.J.C.No. 1578/2017 With the consent of the parties the restoration application has been heard.

Having heard Mr. Mishra, learned counsel for the petitioner and Mr. Sinha, learned counsel for the respondents, we are satisfied by the reasons assigned by the petitioner for his nonappearance on the date the Letters Patent Appeal was dismissed for non-prosecution. The prayer for restoration is allowed. The order dated 8.4.2017 passed in L.P.A. is recalled and consequently, L.P.A.No. 1106/2014 is restored to its original file. M.J.C.No. 1578/2017 is allowed.

(Jyoti Saran, J) (Chakradhari Sharan Singh, J) Surendra/- U