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Patna High CourtMJC/1278/2022allowed

Santosh Kumar v. State Election Commission

2024-03-01Mr. Justice Mohit Kumar Shah,Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1278 of 2022 In Civil Writ Jurisdiction Case No.3782 of 2022 ====================================================== Santosh Kumar S/o Kishor Mahto R/o - Mohalla- Jamalpur, Ward No. 1, P.O. and P.S.- District- Sheikhpura, Bihar- 852124. ... ... Petitioner/s

Versus

1.

State Election Commission Bihar, Patna.

2.

The State of Bihar, through the Additional Chief Secretary, Department of Panchayati Raj, Government of Bihar, Patna.

3.

The State of Bihar through the Deputy Secretary, Department of Panchayati Raj, Government of Bihar, Patna.

4.

The District Magistrate Cum- District Election Officer, Sheikhpura 5.

The Deputy Development Commissioner, Sheikhpura. 6.

The Commissioner, Munger.

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

For the Petitioner/s :

Mr.Vishal Vikram Rana, Advocate For the Opposite Party/s :

Mr.Archana Meenakshee (Gp 6) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH and HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH) 01-03-2024 The present petition has been filed for restoration of a writ petition bearing CWJC No.3782 of 2022, which has stood dismissed for want of prosecution on account of non-appearance of the learned counsel for the petitioner, by an order dated 13.04.2022.

2.

The learned counsel for the petitioner has submitted that on account of inadvertence, the case could not be

Patna High Court MJC No.1278 of 2022(3) dt.01-03-2024 2/2 marked by the advocate clerk, resulting in non-appearance of the learned counsel for the petitioner on the day the aforesaid writ petition was listed for hearing, thus a sympathetic view be taken and the aforesaid writ petition be restored. 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, we deem it fit and proper to restore the aforesaid writ petition bearing CWJC No.3782 of 2022 to its original file.

4.

The present restoration petition stands allowed. (Mohit Kumar Shah, J) ( Shailendra Singh, J) kanchan/- U