Patna High CourtMJC/941/2017allowed

The State Of Bihar And ORS v. Urmila Devi And ANR

2018-07-19Mr. Justice Rajeev Ranjan Prasad,The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.941 of 2017 In Letters Patent Appeal No.1665 of 2013 ======================================================

1. The State Of Bihar.

2. The Commissioner, Tirhut Division, Muzaffarpur.

3. The District Magistrate, Vaishali At Hajipur.

4. The Deputy Collector, Establishment, Vaishali Collectoriate, Hajipur.

5. The Deputy Collector, Nazarat, Vaishali Collectorate, Hajipur. ... ... Petitioner/s

Versus

1. Urmila Devi, Wife Of Late Raghav Sharan Singh, Resident Of VillageKuarikhurd, P.O.- Balwa Kuari, Police Station- Hajipur Sadar, DistrictVaishali At Hajipur.

2. Naval Kishore Prasad, Son Of Kameshwar Prasad, Resident Of VillageUprawan, District- Nawada, and Present Residing At Mohalla- Bagmati Hajipur, And Having Appointed Working On The Post Of Class-IV Post In Vaishali Collectorate, Hajipur.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Niraj Kumar Sinha, AC to AAG-2 For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 19-07-2018 This is an application for restoration of LPA No. 1665/13. The said LPA was filed on 17.12.2013. Office pointed out various objections. After removal of defects, it was listed for the first time on 9.3.2017 on which date it was dismissed for want of prosecution. However, notice to the respondents were not issued and the appeal was dismissed even without notice to the respondent.

Keeping in view the aforesaid, for the first time, no

Patna High Court MJC No.941 of 2017(2) dt.19-07-2018 2/2 notice to the respondent is necessary.

We have considered that reasons given for the default in appearance of the counsel on 9.3.2017 and, therefore, the application is allowed. LPA No. 1665/13 is restored to its original file.

(Rajendra Menon, CJ) ( Rajeev Ranjan Prasad, J) K.C.Jha/- U