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Patna High CourtMJC/2247/2019dismissed

Shail Devi v. The State Of Bihar

2020-09-02Mr. Justice Ashwani Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2247 of 2019 In Civil Writ Jurisdiction Case No.6770 of 2015 ====================================================== 1.

Shail Devi Wife of Late Indradeo Paswan Resident of Village-Shantinagar, Dumra Road, Ward No.9, P.S. and Distt-Sitamarhi. 2.

Madhurendra Kumar Ranjan Son of Late Indradeo Paswan Resident of Village-Shantinagar, Dumra Road, Ward No.9, P.S. and Distt-Sitamarhi. 3.

Manoj Kumar Ranjan S/o Late Indradeo Paswan Resident of VillageShantinagar, Dumra Road, Ward No.9, P.S. and Distt-Sitamarhi. ... ... Petitioners

Versus

1.

The State of Bihar through its Principal Secretary, General Administration Department, Bihar, Patna 2.

The District Compassionate Appointment Committee through its Chairman, Sitamarhi 3.

The District Magistrate Sitamarhi 4.

The District Establishment Deputy Collector Sitamarhi 5.

The Additional College Sitamarhi 6.

The Secretary District Compassionate Appointment Committee ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra, Advocate For the Opposite Party/s :

Mr. Sanjay Ghosarvey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 02-09-2020 This application has been filed for restoration of CWJC No. 6770 of 2015 which was dismissed on 15.02.2017 for want of prosecution.

The writ petition was filed on behalf of the petitioners by Mr. Rajeev Kumar Singh, the learned advocate on record. The instant petition has been filed on behalf of the petitioners by Mr. Sharda Nand Mishra, the learned advocate on

2/3 record even without obtaining no objection certificate. In that view of the matter, I am not inclined to entertain the present application. The application is dismissed. However, if so advised, the petitioners would be at liberty to file a fresh writ petition for the reliefs prayed in CWJC No. 6770 of 2015, if the cause of action still survives. Since the court proceedings are being conducted through virtual mode and normal court functioning has not been restored till date, it is considered appropriate to adopt the following procedure for communication of the present order:- (i) The order, which has been dictated during the course of proceeding of the virtual court, shall be communicated to me on my email by the Sr.

Secretary.

(ii) The corrected copy of the order shall be transmitted by me from my email id to the Sr. Secretary, which shall be treated to be an authentic copy of the order passed by this Court in the present proceeding. (iii) Hard copy of the order duly signed by me shall be preserved in my residential office for documentation and future use, if any.

(iv) Let a copy of the order be sent to Mr. Sharda Nand

3/3 Mishra, learned counsel for the petitioner also on his email.

(v) Let steps be taken by the Sr. Secretary/registry for up- loading of the present order without compromising with the norms of social distancing.

rohit/- (Ashwani Kumar Singh, J) U