Rajesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3978 of 2018 In CIVIL REVIEW No.161 of 2018 ====================================================== Rajesh Kumar Son of Sri Babulal Rajak, Resident of Mohalla-Faizabad, POBarbigha, PS-Barbigha, District-Sheikhpura, Bihar. PIN.-811101. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The Principal Secretary, Department of Rural Development, Government of Bihar, Patna.

3.

The District Officer-cum-District Programme Coordinator, DistrictSheikhpura, Bihar. 4.

The Deputy Development Commissioner-cum-Additional District Programme Coordinator, District-Sheikhpura, Bihar. 5.

The Programme Officer, Block-Ariyari, District-Sheikhpura, Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhishek Krishna Gupta, Advocate For the Opposite Party/s :

Mr.Anjani Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-03-2024 The present petition has been filed for restoration of a petition bearing Civil Review No. 161 of 2018, which has stood dismissed for default on account of non-compliance of the peremptory order dated 29.08.2018.

2.

The learned counsel for the petitioner has submitted that on account of inadvertence, he had thought that the time granted for removal of the defects is three weeks', however, upon enquiry it transpired that the review petition has been dismissed

Patna High Court MJC No.3978 of 2018(3) dt.01-03-2024 2/2 for default, since the time granted for removal of defects was only two weeks, however, within the said period, the defects had not been removed, nonetheless, it is submitted that the defects would definitely be removed within a stipulated time frame, as is deemed fit and proper to be directed by this Court, thus, a sympathetic view be taken and the aforesaid review 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 as also considering the averments made in the present petition, I deem it fit and appropriate to direct for restoration of the aforesaid review petition bearing Civil Review No. 161 of 2018, to its original file, subject to removal of the defects pointed out by the Registry, within a period of four weeks from today. 4.

The present petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) S.Sb/- U