Patna High CourtMJC/2807/2016allowed

Ram Prasad Mishra v. The State Of Bihar And ORS

2017-08-02Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2807 of 2016 In Miscellaneous Jurisdiction Case No. 4815 of 2013 ======================================================

1. Ram Prasad Mishra son of Late Brahmdatta Mishra residence of Mohalla Panchaitiya Akhara, P.S. Kotwali, District - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Mr. Amarjeet Sinha son of not known to the petitioner presently posted as The Principal Secretary, Human Resources Development Department, Bihar, Patna.

3. Shri Ajay Kumar Chaudhary son of not known to the petitioner the Director, Primary Education, Human Resources Development Department, New Secretariat, Patna.

4. Sri Medo Das son of not known to the petitioner the Regional Deputy Director of Education, Magadh Division, Gaya.

5. Rajiv Ranjan son of not known to the petitioner the District Education Officer, Gaya.

6. Sri Ashok Kumar son of not known to the petitioner the District Provident Fund Officer, Gaya.

7. Md. Rijwan son of not known to the petitioner the Treasury Officer,Gaya.

8. Sri Kameshwar Prasad Singh son of not known to the petitioner the Incharge Head Master, Swatantra Madhya Vidyalaya, Panchaitiya Akhara, Gaya.

9. Sri Sheoyogi Singh son of not known to the petitioner the Head Mastercum-Drawing and Disbursing Officer, Mahavir Madhya Vidyalaya, Sawarajpuri Road, Gaya.

10. Mr. Sanjay Kumar son of not known to the petitioner presently posted as the Accountant General, Bihar, Patna.

11. A.C.Sharma son of not known to the petitioner the Branch Manager, Allahabad Bank, Rajendra Tower Chowk, Gaya.

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

For the Petitioner/s : Mr. Shambhu Nath For the Respondent/s : Mr. Gp20- Madanjeet Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

This application under Article 226 of the Constitution

Patna High Court MJC No.2807 of 2016 (3) dt.02-08-2017 2/2 of India has been filed for restoration of MJC No. 4815 of 2013, which was dismissed on 28th July, 2016 for want of prosecution. Learned counsel for the petitioner contended that he could not appear on 28th July, 2016 as he went to Deoghar to offer prayer and the counsel, who was entrusted to make a prayer for adjournment for a week, got ill and could not come to the Court on 28th July, 2016.

Learned counsel for the State does not oppose the prayer of the petitioner for restoration of MJC No. 4815 of 2013. Considering the submissions made above, the restoration application is allowed. Let MJC No. 4815 of 2013 be restored to its original file.

(Ashwani Kumar Singh, J) Pradeep/- U