Patna High CourtMJC/4671/2014disposed

Manoj Kumar v. The State Of Bihar And ORS

2015-07-01Mr. Justice Birendra Prasad Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.4671 of 2014 In Civil Writ Jurisdiction Case No. 6464 of 2014 ====================================================== Manoj Kumar Son of Late Suresh Mahto, resident of Village- Barouni- 2, P.O.- Barauni Deodhi, P.S.- Barauni, District- Begusarai .... .... Petitioner/s

Versus

1. The State of Bihar through District Magistrate, Begusarai

2. The Collector-Cum-Chairman, District Compassionate Committee, Begusarai

3. The Sub-Divisional Officer, Teghra, Begusarai null null

4. The Superintendent of Police, Begusarai

5. The Officer-in-Charge, Teghra Police Station, Begusarai .... .... Opp. Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Nandan Sahay For the Opp.Party/s : Mr. S.K.Saraf, AC to GP 18 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 01-07-2015 Heard the parties.

The petitioner has filed the present application seeking restoration of C.W.J.C. 6464 of 2014, which stood dismissed for want of prosecution by an order dated 03.12.2014. In the given facts of the present case, this Court is of the opinion that instead of restoring the aforesaid C.W.J.C. 6464 of 2014 to its original file, the interest of justice shall be sub-served if the petitioner is granted liberty to file a fresh writ petition in the same subject matter after bringing on record all the subsequent developments, if any, which might have taken place during the interregnum period. It is ordered accordingly. If such a fresh writ petition is filed on behalf of the petitioner in the same subject matter within a period of four weeks from today with a certified copy of the present order, then the same shall be considered and decided on its own merit and that shall not be dismissed on the ground of the principles of res

Patna High Court MJC No.4671 of 2014 (2) dt.01-07-2015 2/2 judicata in view of dismissal of C.W.J.C. No. 6464 of 2014 by aforesaid order dated 03.12.2014.

The present application stands finally disposed of with the observations and directions made above.

(Birendra Prasad Verma, J) BTiwary/- U