Satya Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1187 of 2022 In Civil Writ Jurisdiction Case No.85 of 2022 ====================================================== Satya Narayan Singh Son of Ramkeshwar Singh Resident of Mohalla - Jawahar Park, P.O. and P.S. - Warshaliganj, Nawada Distt. Nawada, Bihar. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Nagar Vikash and Awash Vibagh, Govt. of Bihar, Patna.

2.

The Nagar Parishad, Warshaliganj, through its Executive Officer Nawada, Bihar.

3.

The District Magistrate, Nawada, Bihar.

4.

The Superintendent of Police, Nawada, Bihar.

5.

Dhirendra Kumar Resident of Mohalla - Jawahar Park, Ward No. - 07, P.O. and P.S. - Warshaliganj, Nawada, Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nishant Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Subhash Prasad Singh (GA 3) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 02-02-2024 The defects pointed out by the registry are ignored. The present petition has been filed for restoration of a writ petition bearing C.W.J.C. No.85 of 2022, which was dismissed for want of prosecution by an order dated 21.06.2022 on account of non-appearance of the counsel for the petitioner.

2. The learned counsel for the petitioner submits that on account of some medical emergency, the main counsel for the writ petitioner had to leave the Court premises on the day

Patna High Court MJC No.1187 of 2022(2) dt.02-02-2024 2/2 the aforesaid writ petition was called out for hearing, resulting in non-appearance of the counsel for the petitioner, leading to dismissal of the aforesaid writ petition for want of prosecution, hence a sympathetic view be taken and the 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 and taking into account the averments made in the present petition, we deem it fit and proper to direct for restoration of the aforesaid writ petition bearing C.W.J.C. No. 85 of 2022 to its original file.

4. The petition stands allowed.

(Mohit Kumar Shah, J.) ( Dr. Anshuman, J.) kanchan/- U