Kapil Choudhary And ORS. v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3600 of 2014 In Civil Writ Jurisdiction Case No. 4766 of 2014 ======================================================

1. Kapil Choudhary Son of Late Basanti Choudhary, Resident of Village - Godapur, P.S. - Nawada, District - Nawada.

2. Gorakh Paswan Son of Sri Rajdeo Paswan, Resident of Village - Rajendra Nagar, P.S. - Nawada, District - Nawada.

3. Suresh Prasad Son of Late Ram Chandra Prasad Yadav, Resident of Village - Mangar Bigha, P.S. - Nawada, District - Nawada.

4. Mahesh Prasad Son of Late Agnu Rai, Resident of Dariyapur, P.S. - Athamalgola, District - Patna.

5. Shiwadhar Singh Son of Late Kripal Singh, Resident of Village - Sirdallah, P.S. - Sirdallah, District - Nawada.

6. Md. Anwar Son of Md. Safik Resident of PHED Office, P.S. - Nawada, District - Nawada.

7. Balmukund Prasad Son of Late Tulsi Prasad Chouhan, Resident of Village - Sahdeo Chak, P.S. - Nawada, District - Nawada. .... .... Petitioner/s

Versus

1. The State of Bihar, through the Principal Secretary, Public Health Engineering Department, Government of Bihar, Nirman Bhawan Campus, Bailey Road, Patna.

2. The Joint Secretary, Public Health Engineering Department Government of Bihar, Nirman Bhawan Campus, Bailey Road, Patna.

3. The Engineering in Chief cum Special Secretary, Public Health Engineering Department, Nirman Bhawan Campus, Bailey Road, Patna.

4. The Regional Chief Engineer, Public Health Engineering Department, Patna.

5. The Executive Engineer, Public Health Engineering Division, Nawada. .... .... Opp. Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ramendra Nath Mukhopadhaya For the Opp. Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 29-07-2015 The present application has been filed for restoration of C.W.J.C. No.4766 of 2014 which stood dismissed for want of prosecution by an order dated 05.09.2014 passed in aforesaid C.W.J.C. No.4766 of 2014.

After having heard the parties and taking into consideration the averments made in the present M.J.C.

Patna High Court MJC No.3600 of 2014 (3) dt.29-07-2015 2/2 application as also in the supplementary affidavit filed on behalf of the petitioners, prayer for restoration is allowed. C.W.J.C. No.4766 of 2014 is directed to be restored to its original file subject to deposit of costs of Rs.2000/- (Rs. Two thousand) by the petitioners with the Patna High Court Legal Services Committee within a maximum period of ten days from today. It is clarified that if the costs, as indicated above, is not deposited by the petitioners within the time prescribed, then the present order shall be treated to be non-est. The present application stands allowed with the observations and directions made above.

(Birendra Prasad Verma, J) BTiwary/- U