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Patna High CourtMJC/2429/2018allowed

Agam Lal Paswan v. The State Of Bihar And ORS

2019-10-17Mr. Justice Shivaji Pandey,Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2429 of 2018 In Letters Patent Appeal No.1470 of 2017 ====================================================== Agam Lal Paswan, Choukidar No. 13/3, S/o Late Sayam Sunder Paswan, Resident of Village- Dhaneshri, P.O.- Mangaphar Charia, P.S.- Bharganwan, Distt.- Araria.

... ... Petitioner/s

Versus

1.

The State of Bihar through its Principal Secretary, Department of Home (Police), Government of Bihar, Patna.

2.

The District Magistrate cum Collector Araria District - Araria. 3.

The Deputy Collector, In- Charge, District General Section, Araria. 4.

The Superintendent of Police, Araria, District - Araria. 5.

The Subdivisional Police Officer of Farbisganj Sub Division, District - Araria.

6.

The Sub-Divisional Officer of Farbisganj Sub - Division, District - Araria. 7.

The Circle Officer, Bhargawan Circle, District - Araria. 8.

Officer In-charge Bhargawan Police Station, District - Araria. 9.

Block Development Officer, Bhargawan, Araria. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Helal Ahmad For the Opposite Party/s :

Mr.Prabhat Kumar Verma - AAG 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE MR. JUSTICE SHIVAJI PANDEY) 17-10-2019 Heard learned counsel for the petitioner and counsel for the State.

The present application has been filed for restoration of LPA No. 1470 of 2017 which was dismissed for default for non-compliance of the order dated 17.5.2018.

The reason has been assigned in paragraph no.5 of the

Patna High Court MJC No.2429 of 2018(4) dt.17-10-2019 2/2 present application stating that under wrong impression, he failed to remove the defect and, in paragraph no.8, he has given an undertaking to remove the defect.

Accordingly, the counsel for the petitioner is directed to remove the defect within a period of two weeks after Diwali holidays.

In the result, this application for restoration is allowed and the LPA No. 1470 of 2017 is restored to its original file. (Shivaji Pandey, J) ( Partha Sarthy, J) rishi/- U